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The Court of Appeal has dismissed a developer’s appeal challenging the Upper Tribunal’s refusal to modify restrictive covenants within a long lease under s84 of the Law of Property Act 1925. The decision protects Manchester from a risk of a proposed 1,000-home redevelopment coming forward in a disorderly way, reinforcing the enforceability of long-standing lease restrictions in large-scale urban projects.
On 19 May 2025, Lady Justice Asplin found the tribunal's decision revealed no error in law in Great Jackson St Estates Ltd v Council of the City of Manchester [2025] EWCA Civ 652.Timothy Morshead KC, who acted for the Respondent, has recorded a short video discussing the case.
