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Restrictive covenant

02 June 2017
Issue: 7748 / Categories: Case law , Law digest , In Court
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Doberman and another v Watson and others [2017] EWHC 1708 (Ch), [2017] All ER (D) 172 (May)

The Chancery Division considered the defendant’s application for summary judgment, in a case where the claimants had sought a declaration that their land was no longer affected as per the requirements of a covenant that prevented them from building any more properties on it. The court held that no cause of action or issue estoppel had been disclosed in the case, and there had been no abuse of process so as to justify allowing the application.

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