Diggens & Ors, Re [2000] EWLands LP_27_1999 (21 July 2000)

Diggens & Ors, Re [2000] EWLands LP_27_1999 (21 July 2000)

There is no power in the Lands Tribunal to permit amendment of an application under section 84 of the Law of Property Act 1925 so as to add a restriction not previously included; a further application is required for any additional restriction.

Citation
[2000] EWLands LP_27_1999
Parties
Applicant: R I Diggens; Applicant: M H King; Applicant: R H Cox; Applicant: G A Cox; Objector: Certain objectors
Jurisdiction
England and Wales
Judgment Date
21 July 2000
Procedural Posture
Application Under Section 84 of the Law of Property Act 1925 / Interlocutory Application to Amend Application
Outcome
application to amend refused
Legal Topics
Restrictive Covenants, Amendment of Applications, Lands Tribunal Procedure
Property Law Restrictive Covenants Amendment of Applications Lands Tribunal Procedure

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Parties

R I Diggens

Applicant

M H King

Applicant

R H Cox

Applicant

G A Cox

Applicant

Certain objectors

Objector

Procedural Posture

Application Under Section 84 of the Law of Property Act 1925 / Interlocutory Application to Amend Application

Legal Issues

  1. 1 Whether the Lands Tribunal has power to permit amendment of an application under section 84 of the Law of Property Act 1925 to add a further restriction for discharge or modification

Ratio Decidendi

There is no power in the Lands Tribunal to permit amendment of an application under section 84 of the Law of Property Act 1925 so as to add a restriction not previously included; a further application is required for any additional restriction.

Court Disposition

application to amend refused

Orders

  • Application to amend the original application to add a further restriction is refused.