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Restrictive Covenants and Freehold Land


Authors: Andrew Francis

The Fifth Edition of Restrictive Covenants and Freehold Land is now available to purchase on LexisNexis. 

The book has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land. This newest edition considers all areas of law and practice affecting restrictive covenants. The book has been described as "making complex topics intelligible, and enabling readers to solve problems quickly and accurately".

Legal and practical issues arising from Lehtimaki v Children’s Investment Fund Foundation (UK)

Trusts & Trustee

Authors: Gregor Hogan

This article for Trusts & Trustee addresses the legal and practical issues that might arise from the Court of Appeal's judgment by considering various structures of membership of charitable companies limited by guarantee. It also considers the significance of the Court of Appeal’s observations on the courts’ powers to intervene in the exercise of discretion by fiduciaries in the charities context.

Please click here to read the article. 

Legal systems in the UK (England and Wales): Overview

Practical Law

Authors: Professor Suzanne Rab

A Q&A guide to the legal system in the UK. The Q&A gives a high level overview of the key legal concepts including the constitution, system of governance and the general legislative process; the main sources of law; the court structure and hierarchy; the judiciary and its appointment; the general rules of civil and criminal litigation, including reporting restrictions, evidentiary requirements, the roles of the judge and counsel, burdens of proof and penalties. 

Please click here to view the full article.


Med-Arb: a successful combination for beneficiaries?

New Law Journal

Authors: James Behrens

Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes.

If you have a subscription to New Law Journal, you can view the full article here.

Modification of covenant impeding reasonable user of land (Payne v Maldon DC)
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Authors: Andrew Bruce

Andrew Bruce was interviewed by LexisPSL this week about the decision of the Upper Tribunal in Payne v. Maldon D.C [2019] UKUT 335 (LC). The decision concerned an application to modify a restrictive covenant arising out of a planning agreement and gives rise to an interesting issue about ‘release fee’ damages.

Please click here to read Andrew's article. 

Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2019] UKSC 50
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Authors: Sophia Hurst

Sophia Hurst comments on yesterday’s Supreme Court decision in Singularis Holdings Ltd (In liquidation) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 and the scope of banks’ liability for failing to prevent fraud.

2019: claims to fame

New Law Journal

Authors: Constance McDonnell QC

Constance McDonnell QC examines the year’s most notable 1975 Act decisions.

If you have a subscription to New Law Journal, you can view the full article here.

Offices to flat: a rare modification?

New Law Journal

Authors: Andrew Bruce

In an article for New Law Journal, Andrew Bruce explains the groups for sweeping away a leasehold covenant under s 84 of the Law of Property Act 1925.

The article, 'Offices to flats: a rare modification?' is available here.

Putting Off the Competition

Solicitors Journal

Authors: Jennifer Haywood

In an article for Solicitors Journal, Jennifer Haywood discusses how drafting effective restrictive covenants in a law firm's partnership deed is vital to protect the firm against team moves which can be catastrophic. 

Jennifer's article 'Putting Off the Competition', can be found in Solicitor Journal's October Edition online.