On 17 January 2024, the Court of Appeal (Jackson, Newey and Nugee LJ) handed down judgment in Mackenzie v Cheung.
The appeal was made against a decision interpreting a restrictive covenant in such a way that a redevelopment of the burdened land would be permissible if a deed of modification were executed.
Mark Warwick KC, leading Henry Moore of 7 King’s Bench Walk, acted for the appellant. They were instructed by Wellers Law Group LLP.