By James Needham, Charlotte Walker
The High Court has held that a parking agreement permitting a landowner to relocate parking spaces did not allow him to allocate different spaces hundreds of metres away. To do so was in derogation from the grant, it said.
Derogation from grant is the principle that a person, having conferred a benefit on another, cannot do anything that substantially deprives that other of the benefit. Essentially, having given something with one hand, you cannot take it away with the other.