“…“It is over-simplistic, and contrary to the principles as laid down in the Ashworth Frazer case [2001] 1 WLR 2180, to approach this question in any rigid or doctrinaire way, still less solely by reference to original purposes of the covenant in clause 3(19) which may have …”
“…een changed by the Landlord and Tenant Act 1988. Ironically, as a result of the decision of the House of Lords in Ashworth Frazer Ltd v Gloucester City Council [2001] 1 WLR 2180 it may well be that the “bad reason” in both British Bakeries and BRS was a good one after all.…”