Back to Insights listing

PropertyThursday 14 July 2022

Davies-Gilbert v Goacher: The right to develop under a restrictive covenant

Developments for Developers – John McGhee KC and Alice Hawker discuss the recent case of Davies-Gilbert v Goacher and Chester  [2022] EWHC 969 regarding restrictive covenants requiring consent to develop property, and when it is reasonable to withhold consent. The case offers interesting practical insights for developers seeking consent, covenantees making the decision and litigants when a refusal is contentious. John and Alice look at issues such as the relevance of aesthetic considerations, the reasonableness of withholding consent where the reason for refusal can be neutralised by amendments, and the importance of the decision-making process.

WebChat

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Events / Webinars

    Property Breakfast Briefing – Rescission

    Wednesday 6 May 2026 | 8.30am - 9.30am
    Wilberforce Chambers, 77 Chancery Lane

    Free to attend | 1.0 CPD

    View more
  2. Placeholder

    External Conferences

    UK REiiF 2026 – The Resi Revolution

    Tuesday 19 May 2026
    Royal Armouries Museum and New Dock, Leeds

    Speakers:
    Joanne Wicks KC

    View more
  3. Placeholder

    Recent Cases

    Andrew Rosindell MP v Romford Conservative Association features in national press

    Property

    Tiffany Scott KC
    Wednesday 1 April 2026

    View more
  4. Placeholder

    Articles

    Real property, real impact: a game-changer for nuisance

    Article by John McGhee KC and Allison Wu, 28th March 2026. This article was first published by Estates Gazette here. For lawyers and others involved in the property world, it seems obvious that property rights are special. Not only are... Read more

    By John McGhee KC | Allison Wu
    Saturday 28 March 2026

    View more

View all thought leadership