UK Upper Tribunal declines to discharge restrictive covenant on developer's conduct grounds

Table of contents

• Background
• Test for jurisdiction
• Judgment
• Osborne Clarke comment

Article summary

Property analysis: In Fosse Urban Projects v Whyte and another, the Applicant's ‘build first, apply later’ approach led to a failed application despite satisfying usual discharge grounds. Senior knowledge lawyer, Collette Brimble, associate director, Ed Socha and associate, Jazmin Perry of Osborne Clarke comment on the case and its implications.