CA 21 July 2001. The second defendants, Oxford CC, intended to sell some of the land within half a mile of a pub owned by the claimant (M) to the third, fourth and fifth defendants for a development to include a stadium for the first defendant and a hotel and leisure complex. M brought proceedings contending that the proposed development breached a covenant in the conveyance, under which claimant's predecessor in title had acquired the pub's site from the council, in which the vendor agreed not to develop of licensed premises on the land it owned within a half mile radius. After the first, third, fourth and fifth defendants issued an application under CPR Part 24 to strike out the claimants claim judgement was given to the defendants. M then appealed but this was dismissed on the grounds that the covenant only related to the use of the land by the council and not by any successor in title and that the Law of Property Act 1925 s79 did not apply as contended by M. "Held": Part 24 application allowed; appeal dismissed.