Dating and the covenant les newsom
Dating and the covenant les newsom - No e mail sex
The Court held that the breach had not been deliberate but damages would be awarded.Highlighting that a delay in seeking an injunction for breach of covenant is no bar to seeking damages is the case of Harris v Williams-Wynne.
The Judge held that the refusal was not unreasonable and found that a reasonable sum for the Claimants to have required to permit the development would have been £40,000.In 2005 the court heard the case of Mortimer v Bailey and found in favour of the Claimant.In this case the restrictive covenant meant that the defendant could not erect any building or structure on his land or make any alterations to the existing house without the Claimant’s (his neighbour) prior consent.However, the tribunal indicated that even if they had been inclined to modify the covenant, that would have been inappropriate in the light of Taylor Wimpey’s overt flouting of its legal obligations.The net result was that Taylor Wimpey had to demolish the houses.They took into consideration the historical and geographical context of the covenant and decided that, due to the fact that there was no planning control in force when the covenant was imposed, it was likely that this method was used to maintain the tone of the estate by limiting development.
This decision defined the article ‘a’ as indicating a numeric value and this principle has remained.
The most significant case relating to enforceability of restrictive covenants is the 2011 case of Taylor Wimpey.
The case dates from 2011 following Taylor Wimpey’s acquisition of a site at Prestbury, Nr Cheltenham in Gloucestershire.
The Court of Appeal came to a different decision in the case of Martin v David Wilson Homes Ltd.
In this case, 3 building plots were sold and one dwelling erected on each.
This is a good example of the different conclusions to which professional advisors can draw in terms of degrees of risk of enforceability of covenants dating from the 1930s and many of those placed on land at Chigwell date from that period.