header-logo header-logo

09 November 2020
Issue: 7910 / Categories: Legal News , Property , Landlord&tenant
printer mail-detail

Land rights & the public interest

The Supreme Court has clarified the meaning of ‘public interest’ in a case where a housing company built on land adjoining a children’s hospice, in breach of restrictive covenants

In Alexander Devine Children’s Cancer Trust v Housing Solutions and Millgate Developments [2020] UKSC 45, the Court considered the correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under s 84 of the Law of Property Act 1925.

The case is the first concerning s 84 to reach the highest court.

Alexander Devine, which is based near Maidenhead, provides support to families of children with life-limiting and life-threatening conditions. Housing Solutions’ predecessor in title built 13 houses on land next to the hospice, some overlooking its planned garden and wheelchair walk, and made the s 84 application once the units were completed.

The Court unanimously dismissed Housing Solutions’ appeal.

Lord Burrows, giving the lead judgment, agreed that a narrow interpretation should be given to the meaning of ‘contrary to the public interest’, one of the justifications for modifying a restrictive covenant.

“Once one appreciates that the relevant wording requires a narrow enquiry and does not involve asking the wide question of whether in all the circumstances it is contrary to the public interest to maintain the restrictive covenant, it is clear that the good or bad conduct of the applicant is irrelevant at this jurisdictional stage,” he said.

Nevertheless, the ‘cynical breach’ by the house builder was ‘a highly relevant consideration when it comes to the discretionary stage of the decision’. Therefore, there was no error in law, he concluded.

Paul Greatholder, partner at Russell-Cooke, acting for Alexander Devine, said: ‘This ruling sends out a strong message to developers that even where they have planning permission for a development they must have regard to, and respect for, neighbouring owners’ legal rights.’

Issue: 7910 / Categories: Legal News , Property , Landlord&tenant
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll