Category: covenants

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 24th, 2020 in appeals, chambers articles, contracts, covenants, enforcement, legal services, news by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

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Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

A busy residential road lies ahead – Tanfield Chambers

Posted January 9th, 2020 in covenants, enfranchisement, housing, landlord & tenant, leases, news, repossession by sally

‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’

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Tanfield Chambers, 6th January 2019

Source: www.tanfieldchambers.co.uk

The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers

Posted November 26th, 2019 in competition, confidentiality, covenants, employment, news, pre-action conduct, undertakings by sally

‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’

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Littleton Chambers, 21st November 2019

Source: www.littletonchambers.com

Non-compete Covenants and the Balance of Convenience: Affinity Workforce Solutions Ltd v McCann – Blackstone Chambers

Posted November 20th, 2019 in competition, covenants, injunctions, news, restrictive covenants, undertakings by sally

‘The High Court recently refused to grant an interim injunction in support of an alleged non-compete covenant, in particular because of the initial approach taken by the employer upon finding out the employees were working for a competitor.’

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Blackstone Chambers, 18th November 2019

Source: www.employeecompetition.com

Supreme Court backs freeholder in leasehold covenant dispute – Law Society’s Gazette

Posted October 31st, 2019 in covenants, landlord & tenant, leases, news, planning, Supreme Court by sally

‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’

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Law Society's Gazette, 30th October 2019

Source: www.lawgazette.co.uk

New Judgment: Tillman v Egon Zehnder Ltd [2019] UKSC 32 – UKSC Blog

Posted July 5th, 2019 in competition, covenants, employment, interpretation, news, shareholders, Supreme Court by sally

‘This appeal considered whether the doctrine of restraint of trade is engaged by a restriction on post-employment shareholding, the proper construction of the phrase ‘interested in’ in a non-competition covenant, and the correct approach to severance of a non-competition covenant.’

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UKSC Blog, 3rd July 2019

Source: ukscblog.com

Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by tracey

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

High court victory for group seeking to build ‘black Canary Wharf’ – The Guardian

Posted March 22nd, 2019 in covenants, minorities, news, planning, sale of land by tracey

‘One of the UK’s largest black communities is celebrating a victory in the high court over a contested piece of land it wants to transform into a “black Canary Wharf”.’

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The Guardian, 21st March 2019

Source: www.theguardian.com

Duval v 11-13 Randolph Crescent Ltd and the contingent obligation principle; or ‘What do promises to marry have to do with leasehold covenants?’ – Hardwicke Chambers

Posted December 12th, 2018 in covenants, landlord & tenant, leases, news by sally

‘In Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 the Court of Appeal applied what might be called ‘the contingent obligation principle’ to solve a problem that had arisen between the landlord (11-13 Randolph Crescent Ltd) of two houses that had been converted into 18 flats and two of the lessees, Dr Julia Duval of flats 11G and 11H, and Mrs Winfield of Flat 13.’

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Hardwicke Chambers, 29th November 2018

Source: hardwicke.co.uk

Every dog in a manger has its day: landlord’s obligation to enforce tenants’ covenants at the request of other tenants – Hardwicke Chambers

Posted December 12th, 2018 in covenants, landlord & tenant, news by sally

‘The Court of Appeal’s decision in Duval v 11–13 Randolph Crescent Ltd [2018] EWCA Civ 2298 is a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants.’

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Hardwicke Chambers, 29th November 2018

Source: hardwicke.co.uk

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

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Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, costs, county courts, covenants, enforcement, jurisdiction, landlord & tenant, leases, news, rent, tribunals by sally

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

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Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

A way to deal with delinquent lessors? – Nearly Legal

Posted October 26th, 2018 in covenants, landlord & tenant, leases, news by tracey

‘A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders.’

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Nearly Legal, 24th October 2018

Source: nearlylegal.co.uk

Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman – Cloisters

Posted October 20th, 2017 in company law, competition, covenants, interpretation, news by sally

‘Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.’

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Cloisters, 12th October 2017

Source: www.cloisters.com

Family: Undertakings and variations – Law Society’s Gazette

Posted October 2nd, 2017 in covenants, jurisdiction, mortgages, news, Supreme Court, undertakings by sally

‘While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders generally.’

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Law Society's Gazette, 2nd October 2017

Source: www.lawgazette.co.uk

Finance and Divorce Update, August 2017 – Family Law Week

Posted August 3rd, 2017 in consent orders, covenants, divorce, family courts, financial provision, identity fraud, jurisdiction, matrimonial home, mortgages, news, restraint orders by tracey

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.’

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Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

Jetha v Basildon Court Residents Company Ltd – Arden Chambers

Posted February 22nd, 2017 in appeals, covenants, estoppel, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’

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Arden Chambers, 16th February 2017

Source: www.ardenchambers.com

Works and quiet enjoyment – Nearly Legal

Posted January 5th, 2017 in construction industry, covenants, landlord & tenant, leases, news, noise, rent by tracey

‘Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch). It is a commercial property case, but has interesting elements on the way in which building works may be reasonably carried out.’

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Nearly Legal, 4th January 2017

Source: www.nearlylegal.co.uk

Tribunal: ‘public interest’ need for social housing justified breach of covenant – OUT-LAW.com

Posted December 8th, 2016 in compensation, construction industry, covenants, housing, news, public interest, tribunals by tracey

‘A tribunal has agreed to a property developer’s request to modify a restrictive covenant preventing the use of land for anything other than car parking, even though the developer had already built social housing on the land in breach of that covenant.’

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OUt-LAW.com, 6th December 2016

Source: www.out-law.com

In residence – New Law Journal

Posted November 22nd, 2016 in covenants, hotels, housing, leases, news, rent, tribunals by sally

‘Tamsin Cox & Julia Petrenko examine a useful authority for freeholders of residential buildings in relation to Airbnb.’

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New Law Journal, 18th November 2016

Source: www.newlawjournal.co.uk