||All England Reporter
|| All ER (D) 301 (Nov)
|| EWCA Civ 1645
||Court of Appeal, Civil Division
Simon Brown, Buxton and Carnwath LJJ
||Michael Davey (instructed by Johyn Collins) for the claimants.
||Mark Blackett-Ord (instructed by Glass & Co) for the defendants.
||21 November 2002
Landlord and tenant - Lease - Covenant - Restrictive covenant - Shop covenants - Competing traders holding leases within single development - Existence of letting scheme - Existence of breach of covenant.
Although in practice the court might have less reason to infer an intention to create a scheme of mutually enforceable obligations where the context was one of restrictions on retail use, the same principles would apply to competing traders holding leases within a single development as applied to purchasers and their successors who bought from a common vendor. Those were that a letting scheme would exist where there was a reciprocity of obligation between the purchasers of the various lots, where there was an intention to impose a scheme of mutually enforceable restrictions in the interest of all the purchasers and their successors, provided the area affected was clearly defined and known to the purchasers.
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