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Following the recent decisions of the Upper Tribunal (Lands Chamber) in Father’s Field Developments Ltd. v Namulas Pension Trustees Ltd. (July) and Moskofian v Foster & Ors. (September) Andrew Francis, “leading” Counsel for the Objector in the first case and Counsel for the Applicant in the second case, considers some practical points which arise from both of them where freehold restrictive covenants are being modified by that Tribunal. Not the least of those points is the correct approach to the assessment of compensation in such cases where wrong turnings are to be avoided.

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