White v Bijou Mansions: CA 1938

The court heard an rejected an argument that s56 worked to allow a third party to sue under a covenant to which he had not been party: ‘before he can enforce it he must be a person who falls within the scope and benefit of the covenant according to the true construction of the document in question.’ (Sir W Greene MR)

Judges:

Sir W Greene MR

Citations:

[1938] Ch 351

Statutes:

Law of Property Act 1925 56

Jurisdiction:

England and Wales

Citing:

Appeal fromWhite v Bijou Mansions ChD 1937
The court heard an argument that section 56 of the 1925 Act had not changed the law to allow a third party to sue under a covenant to which he had not been party.
Held: Simonds J rejected an argument that section 56 enabled anyone to take . .

Cited by:

CitedBeswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
Lists of cited by and citing cases may be incomplete.

Contract, Land

Updated: 31 July 2022; Ref: scu.251041