The WLR Daily case summaries
[2020] WLR (D) 482
Supreme Court
Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd
[2020] UKSC 36
2020 Jan 28, 29; Aug 19
Lord Lloyd-Jones, Lady Arden, Lord Kitchin JJSC, Lord Wilson, Lord Carnwath
Restraint of trade— Use of land— Restrictive covenant by freeholder in favour of lessee— Freeholder leasing part of shopping centre to lessee retailer as anchor tenant— Freeholder covenanting not to permit any other major store to be built in centre in competition with lessee— Freehold and burden of covenant conveyed to lessor company— Lessor seeking declaration that doctrine against restraint of trade applying— Whether covenant in restraint of trade— Test to be applied in deciding whether covenant engaging doctrine