The owner of a social housing development built in breach of a restrictive covenant has appeared in the Supreme Court this week.
Housing Solutions has asked the country’s highest court to overturn a 2018 Court of Appeal decision refusing to allow modification of a set of restrictive covenants – a ruling which could leave it having to demolish the development.
The Supreme Court has reserved judgment in the case, in which the central issue is the correct approach to the "public interest" requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925.
Russell-Cooke partner Paul Greatholder acts for the respondent in the case, the Alexander Devine Children's Cancer Trust. He comments in EG on the two main issues facing the Supreme Court in this case: the question of "public interest versus private interest, and the importance of seeking to assert legal rights in a 'moral' fashion."
Judgment awaited on Supreme Court restrictive covenant case is available to read on the EG website via subscription.
Paul is a partner in the property and housing litigation team. He advises businesses, charities and individuals on all aspects of property disputes and their avoidance. Paul’s work covers enforcement of lease terms, recovery of money, real estate property disputes, and he has a specialism in business tenancy law.