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Tuesday 10 November 2020

Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd

On 6 November 2020 the Supreme Court handed down judgment in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd, the first ever case in which the highest court (whether House of Lords or Supreme Court) has considered s.84(1) of the Law of Property Act 1925 –  the power of the Upper Tribunal (Lands Chamber) to modify or discharge restrictive covenants. The appeal concerned the public interest limb of the most commonly relied on ground: s.84(1)(aa). The decision has important implications, legal and tactical, for developers seeking to rely on the public interest limb, and particularly the effect that a developer’s breach of the relevant covenant might have on the success of its application for modification.

Martin Hutchings QC and James McCreath acted for the appellant social housing provider and will be discussing the case in an upcoming “Hot Topic” Webinar. For further details, including how to RSVP, please click here.

To download a copy of the judgment, please click here.

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