Publications: Conference Papers

 

Restrictive Covenants – Remedies for Breach

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 more

Contractual interpretation and the implication of terms: a return to orthodoxy?

Introduction 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 more

Obligations of Good Faith: express, implied, underlying and what they really mean

Richard 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 more

Restrictive Covenants

Introduction 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 more

PLA draft amendments to the Landlord & Tenant Covenants Act 1995

Introduction We’ve heard about some of the problems arising with the interpretation of the Landlord and Tenant (Covenants) Act 1995 (“LTCA 95”). I want to look at a solution to the problems and propose an achievable means of effective reform. PLA’s Work to Date The Law Reform Committee of the PLA (“LRC”) has spent many […]

8th Jun 2016 Conference Papers Read more