page_title: Wrotham Park Estate Co Ltd v Parkside Homes Ltd
section_title: Facts
hierarchical_section_title: Wrotham Park Estate Co Ltd v Parkside Homes Ltd / Facts
caption_attribution_description: Ninian Park housing estate, Cardiff, Wales
context_page_description: Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 is an English land law and English contract law case, concerning the measure and availability of damages for breach of negative covenant in circumstances where the court has confirmed a covenant is legally enforceable and refused as it may find, as unconscionable, to issue an order for specific performance or an injunction.
  Such a remedy, which had precedent before the judgment, has since become firmly known as Wrotham Park damages, which are awarded under the jurisdiction created by s. 2 of the Chancery Amendment Act 1858. Such damages centre on the hypothetical negotiated value for a release of the covenant and which so in turn may look to a share of the profits from the business venture enabled by the breach; the court decided 5% of profits should be made payable.
context_section_description: Wrotham Park is an estate for generations owned and lived in by gentry and then nobility including the Earl of Strafford. Outlying portions have been sold off for development, subject to some lay-out restrictions. Potters Bar Urban District Council came to own one desolate triangle of land. They offered it for sale by public auction as freehold building land for 14 houses. Parkside bought the land and built the houses, despite warnings from Wrotham Park Estate's owners that Parkside were violating the lay-out restrictions. When the houses were built, the owners of the Estate brought a claim against Parkside for breach of the restrictive covenant.
caption: A relatively small housing estate during construction
exif: {"Image ImageDescription": "", "Image Make": "SONY", "Image Model": "DSC-H50", "Image XResolution": "72", "Image YResolution": "72", "Image ResolutionUnit": "Pixels/Inch", "Image Software": "picnik.com", "Image DateTime": "2010:04:24 13:22:08", "Image YCbCrPositioning": "Centered", "Image ExifOffset": "268", "Image PrintIM": "[80, 114, 105, 110, 116, 73, 77, 0, 48, 51, 48, 48, 0, 0, 2, 0, 2, 0, 1, 0, 0, 0, 1, 1, 1, 0, 0, 0]", "Thumbnail Compression": "JPEG (old-style)", "Thumbnail Make": "SONY", "Thumbnail Model": "DSC-H50", "Thumbnail Orientation": "Horizontal (normal)", "Thumbnail XResolution": "72", "Thumbnail YResolution": "72", "Thumbnail ResolutionUnit": "Pixels/Inch", "Thumbnail DateTime": "2010:04:24 13:22:08", "EXIF ExposureTime": "1/2000", "EXIF FNumber": "4", "EXIF ExposureProgram": "Program Action", "EXIF ISOSpeedRatings": "160", "EXIF ExifVersion": "0221", "EXIF DateTimeOriginal": "2010:04:24 13:22:08", "EXIF DateTimeDigitized": "2010:04:24 13:22:08", "EXIF ComponentsConfiguration": "YCbCr", "EXIF CompressedBitsPerPixel": "3", "EXIF ExposureBiasValue": "0", "EXIF MaxApertureValue": "5365/1872", "EXIF MeteringMode": "Pattern", "EXIF LightSource": "Unknown", "EXIF Flash": "Flash did not fire, compulsory flash mode", "EXIF FocalLength": "26/5", "EXIF FlashPixVersion": "0100", "EXIF ColorSpace": "sRGB", "EXIF ExifImageWidth": "3456", "EXIF ExifImageLength": "2592", "EXIF FileSource": "Digital Camera", "EXIF SceneType": "Directly Photographed", "EXIF CustomRendered": "Normal", "EXIF ExposureMode": "Auto Exposure", "EXIF WhiteBalance": "Auto", "EXIF SceneCaptureType": "Standard", "EXIF Contrast": "Normal", "EXIF Saturation": "Normal", "EXIF Sharpness": "Normal"}