Supreme Court's Input Required On Dealing With Restrictive Covenants

All eyes will be on the Supreme Court this July, as it hears the developer's appeal against the Court of Appeal's decision in Alexander Devine Children's Cancer Trust v Millgate Developments Limited and others [2018] EWCA Civ 2679, a case in which a developer built social housing in knowing breach of covenant. The Court of Appeal refused to allow the developer's application for modification or discharge of the restrictive covenant against building. Will the Supreme Court uphold the Court of Appeal's decision, bolstering the rule that a retrospective application in these circumstances for discharge of a covenant will be unsuccessful? Or will it agree with the decision of the Upper Tribunal at first instance, and allow modification of the covenant on the basis that impeding the occupation of already built and much needed social housing was against public policy if a sum of money could be paid to the beneficiary of the covenant? It will be the first time that the Supreme