Introduction 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. […]
22nd Nov 2016 Conference Papers Read moreIntroduction 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. Notable cases include: Prenn v Simmonds [1971] 1 WLR 1381; Investors Compensation Scheme Ltd v West Bromwich Building Society (No.1) [1998] 1 WLR 896; Bank of Credit and […]
22nd Nov 2016 Conference Papers Read moreRichard Clegg, Barrister at Selborne Chambers, London 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? The refusal to recognise […]
22nd Nov 2016 Conference Papers Read moreIntroduction 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. Common examples of restrictive covenants include: Not to erect any building or structures […]
17th Nov 2016 Conference Papers Read morePLA BLOG FROM THE DEPARTING CHAIR – November 2016 It is 8 months since my last Blog and others/committee chairs have since blogged. This Thursday evening at the The Ironmongers’ Hall, (Shaftesbury Place, Barbican) we have the Annual Dinner, preceded by our AGM at 7pm – be there or be square! My year – which […]
9th Nov 2016 Blogs Read more