Supreme Court refuses to modify restrictive covenants (Alexander Devine Children's Cancer Trust (Respondent) v Housing Solutions Ltd (Appellant))

Article summary

The Supreme Court has unanimously dismissed the appeal in the case of Alexander Devine Children’s Cancer Trust (Respondent) v Housing Solutions Ltd (Appellant) [2020] UKSC 45, refusing to modify restrictive covenants. The Supreme Court confirmed that the ‘contrary to public interest’ ground under section 84 of the Law of Property Act 1925 (LPA 1925), and the four other grounds, require a narrow interpretation and therefore the conduct of the applicant was irrelevant at the ‘jurisdictional stage’.  Additionally, the Supreme Court stated that the Upper Tribunal (UT) made an error of law by failing to consider two relevant factors. Desmond Kilcoyne, barrister at 42 Bedford Row, comments on the judgment.