Judgment Date: 19 May 2017
The court refused to strike out an action in which the owners of a plot of land had sought a declaration, pursuant to the Law of Property Act 1925 s.84(2), that the land was no longer affected by a restrictive covenant. A decision by the Lands Tribunal refusing an earlier application by the claimants' predecessor in title for discharge of the covenant did not give rise to an estoppel per rem judicatam, either by way of cause of action estoppel or issue estoppel, and there had not been an abuse of process.
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