Churchill v Temple and Others: ChD 22 Oct 2010

Application for declarations relating to the enforceability, meaning and effect of a restrictive covenant.
Held: The court stressed the dangers of allowing an overly commercial construction to override the clear language of the instrument.
[2010] EWHC 3369 (Ch), [2011] 17 EG 72
Law of Property Act 1925
England and Wales
Cited by:
CitedCGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd ChD 13-Jun-2012
The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted.
Held: ‘the Defendant is not correct . .

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Updated: 16 February 2021; Ref: scu.443303