Georgina Muskett provides her expert perspective on a recent case involving an application for a declaration regarding the enforceability of a restrictive covenant without naming a specific defendant. Georgina discusses the court’s decision to dismiss the claim, emphasising that anyone with a potential interest in enforcing the covenant – such as neighbouring property owners and occupiers – must be named as defendants. Case Name, Reference and BAILII link Hughes Family Property Co Ltd (1) Hughes Trading Co Ltd (2)…
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