header-logo header-logo

13 June 2013 / Andrew Francis
Issue: 7564 / Categories: Features , Property
printer mail-detail

Litigation strikes twice

istock_000001892968large

Holland Park provides a lesson in restrictive covenants, says Andrew Francis

It is rare for High Court litigation about restrictive covenants over freehold land to affect a particular property more than once. One instance of this is the revisiting of the well-known principles in Tulk v Moxay (1848) (concerning covenants protecting Leicester Square) just over 140 years later in R v Westminster City Council ex parte Leicester Square Coventry Street Association in 1989 ((1989) 59 P&CR 51) where the same covenants were in issue.

A more recent example, and the subject of this article, is the litigation over a small, but valuable piece of land (the property) adjoining 89 Holland Park (No. 89), in west London, suitable for building a house. The property first came to fame among lawyers when a dispute over a covenant to build a wall between No. 89 and the property was heard by Oliver J in March 1977. His judgment in Radford v De Froberville [1977] 1 WLR 1262 remains the locus classicus on the measure of damages for failing to comply with a positive covenant, such as

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll