In a land dispute involving one of Britain’s wealthiest landowners, the eighth Earl of Cadogan, the High Court has held that the working class still exists.
Although finding in favour of Lord Cadogan on this point, Etherton J went on to hold that London-based developer Dano Ltd should succeed in its claim that a 1929 covenant restricting the use of a former pub in Chelsea to “housing of the working classes” was not enforceable.
The judge rejected Dano’s argument that the words “working classes” were no longer capable of any meaningful definition, stating: “I am satisfied that there are a sufficient number of people who, in present times, would undoubtedly fall within the expression ‘working classes’.”
However, he held that, in any event, the covenant was unenforceable because it no longer applied to any of the land in question — the “Cadogan settled estate”, which legally enjoyed the benefit of the “working classes only” covenant, no longer existed in the way that it had when the covenant was drawn up.
Permission has been given for an appeal, possibly reopening the “working classes” debate.
Dano Ltd v Earl of Cadogan and others Chancery Division (Etherton J) 21 February 2003.
References: PLS News 24/02/03
