In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Davitt Jones Bould's Head of Legal Training, to discuss Fosse Urban Projects v Whyte and others. Richard analyses discharging restrictive covenants, and why the behaviour of the person who wants the covenants discharged matters. This case holds relevance for stakeholders involved in developments of any size. Richard assesses the background to the case, reminding us of the importance of s84 of the LPA 1925. He further explains the reasoning behind the decision, giving context for future cases.
Cases mentioned:
Fosse Urban Projects v Whyte and others [2023]
Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2018]
George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd [2011]
