“…n whether the covenant to fence would have implicitly permitted a gate to be inserted in the fence, Mr Althaus points out that in Wheeler v JJ Saunders Limited [1996] Ch 19, Peter Gibson LJ held that the function of the gate was different from that of a fence. He held at 31G to 32B as follows:…”
“…It is a question of construction of the covenant in accordance with the usual principles. In the particular circumstances existing in Wheeler v JJ Saunders Ltd [1996] Ch 19, Peter Gibson LJ (with whom Sir John May was inclined to agree) considered that the covenant to fence precluded the inclusion of any gate. By contrast, in the …”
“…n whether the covenant to fence would have implicitly permitted a gate to be inserted in the fence, Mr Althaus points out that in Wheeler v JJ Saunders Limited [1996] Ch 19, Peter Gibson LJ held that the function of the gate was different from that of a fence. He held at 31G to 32B as follows:…”
“…It is a question of construction of the covenant in accordance with the usual principles. In the particular circumstances existing in Wheeler v JJ Saunders Ltd [1996] Ch 19, Peter Gibson LJ (with whom Sir John May was inclined to agree) considered that the covenant to fence precluded the inclusion of any gate. By contrast, in the …”