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Wilkes v Spooner

289 words (1 pages) Case Summary

15th Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Wilkes v Spooner [1911] 2 K.B. 473



A lessee of premises (L), upon which the lessee conducted his business as a general butcher, contained a covenant by which L covenanted not to carry on any noisy or offensive trade other than that of a butcher. He was also a lessee of different premises in the same street, which were used for the same purposes. L sold his interest in the latter premises to the claimant (C), and the goodwill of his business as a general butcher, covenanting with C that he, his executors, administrators, and assigns, would not use the former premises for the same purposes. L then gave up his business and surrendered his lease to the landlord, who granted a new lease to his son who subsequently set up as a competing butcher. The landlord did not have notice of the covenant, actual or constructive, yet D himself was aware of its existence.


Whether a bona fide purchaser, for valuable consideration and without notice, can give a good legal title to a subsequent purchaser who is fixed with notice of some pre-existing equity affecting the property.


The appeal was dismissed with the court finding that, under the circumstances of the case, the landlord did not have constructive notice of Lā€™s covenant, and, consequently, could grant to D a lease free from the restriction of that covenant. D, therefore, could not be restrained at the behest of C from carrying on the business of a general butcher whilst tenant of the premises.

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UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

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