WATCH: Hot Topic Webinar: 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, who acted for the appellant social housing provider, will discuss the background to the case, the reasoning of the Court and consider what the consequences will be for developers and objectors alike when seeking to modify restrictive covenants. The session will be chaired by Benjamin Faulkner.

We hope you are able to join us. If you have any questions or would like to RSVP, please email seminars@wilberforce.co.uk

The Zoom recording of the Hot Topic Webinar can be found below. Subscribing to our YouTube Channel is completely free of charge.