[2025] UKUT 295 (LC)

Around January 2023, over two years after the completion of the development at Hillside and whilst engaged in redevelopment of Korobe, the objectors wrote to the applicants protesting that they had extended their home in breach of the restrictions. Solicitors were later instructed and legal proceedings were brought against the applicants in the Oxford County Court on 18 August 2023. A trial of a preliminary issue took place on 22 July 2024, at which the applicants argued that the covenants did not apply to their house itself but only to any second building; the Judge found for the objectors. The applicants were granted a stay of those proceedings in order to bring this application, which they made on 15 August 2024