Cadogan and others v Royal Brompton Hospital National Health Trust
Cadogan and others v Royal Brompton Hospital National Health Trust
- 1996
- Estates Gazette [1996] 37 EG 142-144(3) .
ChD 9 May 1996. The predecessor in title to the plaintiff trustees (C) gave land to the trustees of the Chelsea Hospital for Women. The indenture was subject to two restrictive covenants: the land was not to be used for any other purposes except for the hospital and no building could be erected until the external elevations had been approved by the Cadogan Estate. C sought declarations that the covenants were enforceable against the hospital. "Held" C dissentitled from enforcing the first covenant by an injunction but can restrain the defendant from erecting a building as long as it is not for a statutory purpose.
COMPULSORY PURCHASE ACT 1990
HOSPITAL BUILDINGS
NATIONAL HEALTH SERVICE AND COMMUNITY CARE ACT 1990
RESTRICTIVE COVENANTS
STATUTORY POWERS
ChD 9 May 1996. The predecessor in title to the plaintiff trustees (C) gave land to the trustees of the Chelsea Hospital for Women. The indenture was subject to two restrictive covenants: the land was not to be used for any other purposes except for the hospital and no building could be erected until the external elevations had been approved by the Cadogan Estate. C sought declarations that the covenants were enforceable against the hospital. "Held" C dissentitled from enforcing the first covenant by an injunction but can restrain the defendant from erecting a building as long as it is not for a statutory purpose.
COMPULSORY PURCHASE ACT 1990
HOSPITAL BUILDINGS
NATIONAL HEALTH SERVICE AND COMMUNITY CARE ACT 1990
RESTRICTIVE COVENANTS
STATUTORY POWERS