Education & Training Resources

Paper given by Joanne Wicks QC of Wilberforce Chambers at the PLA seminar in Bristol on 23 November 2017.

The ability to terminate the contract can be extremely important for the innocent party.

Robert Bowker was called to the Bar in 1995 and completed pupillage in Chambers in 1997. From 1997 to 2007, he practised in Chambers exclusively in property litigation. Between 2007 and 2012, he practised as a solicitor and barrister in Australia primarily in construction litigation (being dual-qualified; England/Wales and Australia). In 2012 he returned to Chambers and resumed his practice exclusively in property litigation. Robert’s practice combines commercial and residential property cases including boundaries, building and development. He has worked with expert witnesses in a wide range of disciplines.

Slide presentation given at the JPLA event in Manchester.

Slide presentation of the talk by James Fieldsend at the JPLA event in Manchester.

Slide presentation given by Cecily Crampin at JPLA Manchester event.

There are whole books written on restrictive covenants in relation to property, and so instead of a whistle-stop tour of the area, this part of the seminar concentrates instead on remedies for breach. This is the most transferable aspect of this area of law, and the same principles are of application generally within litigation.

Over the last 45 or so years, the House of Lords and Supreme Court have examined the relevant principles of contractual interpretation in some landmark authorities

Restrictive covenants can appear in both leases and in relation to freehold land. They are contractual obligations that prohibit certain specific conduct. Unlike normal contractual promises, which bind only the original parties, these can bind subsequent owners of the affected land.

It was generally thought that there were but a few well defined categories of contract that required the parties to deal in good faith (partnership and insurance being prime examples) and in all others laissez-faire prevails. In 2013 all that changed. Or did it?