s56 LPA 1925 allows unnamed covenantees to enforce a covenant, but not non-convenantees
Facts
Peter Beswick contracted with his nephew to transfer his coal business in consideration of the nephew employing him as a consultant for of his life and paying his widow for the rest of her life after his death
He died but the nephew failed to pay the money
The widow sued both personally and in her capacity as Peter’s administratrix
Held (House of Lords)
The widow succeeded only in the latter in her capacity as Peter’s administratrix
Lord Upjohn (obiter)
The effect of s56 LPA 1925 is merely that a party need not be named to enforce a covenant if the covenantor purports to covenant to that party
However, only a covenantee can enforce a deed, the privity rule is not overridden