ABSTRACT
QUESTION 36 ‘The case of Crest Nicholson Residential (South) Ltd v Mc Allister [2004] EWCA Civ 410 is an important milestone in the lengthy development through the case law of the law of restrictive covenants. When these are read collectively judicial decisions in the area provide one of the richest areas of fantasy in written English. Crest Nicholson, though tediously lengthy as is the way with contemporary judgments, blows a breath of fresh air into the gloom created by the mysterious judgment in Federated Homes Ltd v Mill Lodge Properties.’
