“… right to enforce the covenants until the works were nearing completion ([117], distinguishing in that regard Winter v Traditional & Contemporary Contracts Ltd [2008] 1 EGLR 80); and even though it had rightly characterised Millgate’s behaviour as “highhanded and opportunistic” at [105]. In its respondent’s notice Millgate tried to mi…”
“…xistence of the covenant until after building in breach of it and then sought to regularise the position: see Winter v Traditional & Contemporary Contracts Ltd [2008] 1 EGLR 80. Another might be if the developer had good reason to think that the covenant was going to be waived by the person entitled to rely upon it, and therefore had …”