Effect of rectification of the register under the Land Registration Act 2002 – New Square Chambers

Posted December 3rd, 2014 in appeals, land registration, news, rectification, restrictive covenants by sally

‘Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 is a very important Court of Appeal decision explaining the effect of rectification of the register following a mistake. The effect on the priority of interests created after the mistake but before the rectification is different from what many in the profession thought it was.’

Full story (PDF)

New Square Chambers, 28th November 2014

Source: www.newsquarechambers.co.uk

The Latest Guidance On The Enforceability Of Restrictive Covenants – No. 5 Chambers

Posted September 25th, 2014 in competition, contract of employment, enforcement, news, restrictive covenants by sally

‘Mugni Islam-Choudhury reports on the latest developments on restrictive covenants following the cases of Merlin Financial Consultants Ltd v Cooper [2014] IRLR 610, QB and Prophet plc v Huggett [2014] EWCA Civ 1013 (CA).’

Full story

No. 5 Chambers, 18th September 2014

Source: www.no5.com

Selwyn Bloch QC & Charlene Hawkins Comment on Court of Appeal Decision Prophet PLC V Huggett – Littleton Chambers

Posted August 7th, 2014 in contracts, employment, news, restrictive covenants by sally

‘The Empire Strikes Back? Triumph of the Literal Interpretation of Restrictive Covenant Prophet Plc V Christopher Huggett [2014] Ewca Civ 1013 (22 July 2014)’

Full story

Littleton Chambers, 23rd July 2014

Source: www.littletonchambers.com

Wrotham Park damages for breach of restrictive covenants and illegitimate competition? The Court says yes in One Step (Support) Ltd –v- Morris-Gardner & Anor [2014] EWHC 2213 – Employment Law Blog

‘In Wrotham Park v Parkside Homes [1974] 1 WLR 798, the Court declined to order a land-owner to destroy a property he had built on his land in breach of a covenant in favour of his neighbour. Instead, it awarded the neighbour damages in lieu of an injunction under Lord Cairns’ Act, in such sum “as might reasonably have been demanded by the [covenantee] … as the quid pro quo for relaxing the covenant” (815). The Court assessed the damages as a modest percentage of the profit anticipated (“with the benefit of foresight”) by the contract breaker. Employment lawyers have sought to exploit Wrotham Park for some time now, particularly following the seminal judgments of the House of Lords in AG v Blake [2001] 1 AC 268, where it was held that in exceptional circumstances (where conventional remedies had no value) the contract breacher could be required to account for the fruits of his breach of contract.’

Full story

Employment Law Blog, 15th July 2014

Source: www.employment11kbw.com

Competition law and covenants restrictive of land use – Competition Bulletin from Blackstone Chambers

Posted May 30th, 2014 in competition, news, restrictive covenants by sally

‘Covenants restricting use of land to particular commercial purposes are commonplace. Until recently, the potential for competition law to regulate them was limited, because “land agreements” were excluded from the reach of the Chapter I Prohibition under the Competition Act 1998. The exclusion has, however, been revoked by the Competition Act 1998 (Land Agreements Exclusion Revocation Order) 2010. The OFT has also provided guidance on the application of competition law in this field.’

Full story

Competition Bulletin from Blackstone Chambers, 30th May 2014

Source: www.competitionbulletin.com

Coming to a tribunal near you: Anti-competitive practices and land agreements? – Hardwicke Chambers

Posted March 10th, 2014 in competition, enforcement, jurisdiction, news, restrictive covenants, tribunals by sally

‘The First Tier Tribunal (Property Chamber) has just been asked to decide whether it has jurisdiction to make a determination as to whether a restrictive covenant is void and unenforceable pursuant to the “Chapter I Prohibition” under the Competition Act 1998 (“the Act”).’

Full story

Hardwicke Chambers, 5th March 2014

Source: www.hardwicke.co.uk

Restrictive covenants in employment contracts – A generous decision from the Court of Appeal? – Hardwicke Chambers

Posted November 19th, 2013 in appeals, contract of employment, news, restrictive covenants, witnesses by sally

“The Court of Appeal’s decision (11 October 2013) in Coppage v Safety Net Security to uphold as reasonable and enforceable a 6 month non-solicitation restrictive covenant is surprising because of the fact that the covenant covered all customers during the period of Mr Coppage’s employment. In modern times the general advice had been that such covenants should be restricted to those who had been customers in a fixed period prior to termination (‘look back’ requirement) and to be confined to those with whom the employee had had personal dealings.”

Full story

Hardwicke Chambers, 21st October 2013

Source: www.hardwicke.co.uk

Cosmichome Ltd v Southampton City Council – WLR Daily

Cosmichome Ltd v Southampton City Council [2013] EWHC 1378 (Ch); [2013] WLR (D) 207

“Section 9(2) of the Perpetuities and Accumulations Act 1964 had no application to a right of pre-emption, so long as it had not matured into an option.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Businesses will be able to challenge supermarkets’ potentially uncompetitive land use restrictions – OUT-LAW.com

Posted June 21st, 2012 in competition, land registration, news, restrictive covenants by sally

“Businesses will be able to challenge land use restrictions put in place by major supermarkets to limit local competition from rival grocery outlets, the Office of Fair Trading (OFT) has announced.”

Full story

OUT-LAW.com, 20th June 2012

Source: www.out-law.com

Enforcement of post-termination restrictive covenants following Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch) – Hardwicke Chambers

Posted May 1st, 2012 in competition, EC law, enforcement, news, restrictive covenants by sally

“As a result of the decision in Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch), when considering the enforceability of a post-termination restrictive covenant against competition in a franchise agreement, there are now two things that have to be considered: the franchisor’s interest in having his goodwill in the franchise protected as a matter of common law; and, the franchisor’s interest in having his know-how and the assistance he has given his franchisee protected as a matter of Community law, as enacted in the UK by the Competition Act 1998?”

Full story

Hardwicke Chambers, 25th April 2012

Source: www.hardwicke.co.uk

Canwell Estate Co Ltd v Smith Brothers Farms Ltd – WLR Daily

Posted March 6th, 2012 in appeals, law reports, rent, restrictive covenants by sally

Canwell Estate Co Ltd v Smith Brothers Farms Ltd [2012] EWCA Civ 237; [2012] WLR (D) 59

“The prohibition introduced by the Rentcharges Act 1977 against creation of new rentcharges by a rent owner against a landowner did not apply to the creation of a rentcharge incorporated in a transfer made in 1990 the amount of which was calculated annually as a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under a covenant to cleanse, repair, maintain and as often as might be reasonably necessary renew, inter alia, all the roads on an estate, even though part of such service extended to land which was not owned by the party liable to pay the charge and to roads over which he had no right of way.”

WLR Daily, 2nd March 2012

Source: www.iclr.co.uk

Museum of Liverpool pays £750,000 for blocking view – BBC News

Posted February 24th, 2010 in compensation, news, restrictive covenants by sally

“Tourism bosses have been hit with a bill of £750,000 because the new Museum of Liverpool partially blocks the view from an iconic waterfront building.”

Full story

BBC News, 24th February 2010

Source: www.bbc.co.uk

Reforming the law governing easements, covenants and profits à prendre – Law Commision

Posted March 28th, 2008 in consultations, easements, profits a prendre, restrictive covenants by sally

“On 28 March 2008 the Law Commission published a consultation paper provisionally proposing wide-ranging reform of the law governing easements, covenants and profits à prendre.”

Full consultation

Law Commission, 28th March 2008

Source: www.lawcom.gov.uk

Lawntown Ltd v Camenzuli and Another – Times Law Reports

Posted November 14th, 2007 in housing, law reports, restrictive covenants by sally

Court must not be swayed by council approval

Lawntown Ltd v Camenzuli and Another

Court of Appeal

“When exercising its discretion whether to vary a restrictive covenant to permit conversion of a single dwellinghouse into flats where planning permission had been granted, the court had to carry out its own balancing exercise and not be swayed by the fact that the planning authority had already granted permission.”

The Times, 14th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Lawntown Ltd v Camenzuli and another – WLR Daily

Posted October 12th, 2007 in housing, law reports, restrictive covenants by sally

Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949

“Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.”

WLR Daily, 10th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.