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21 November 2025 / Caroline Shea KC , Richard Miller
Issue: 8140 / Categories: Features , Property , Construction
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Breach in haste, repent at leisure?

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Developers beware: cynical breach cases are on the rise, write Caroline Shea KC & Richard Miller
  • Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd established that applications under s 84(1) of the Law of Property Act 1925 involve two stages: the jurisdictional stage (where the Upper Tribunal considers whether one of the grounds in subsections (a), (aa), (b), or (c) is satisfied); and the discretionary stage.
  • At the discretionary stage, the Supreme Court considered whether there had been ‘a cynical breach’ of the covenant which the applicant was seeking to have modified or discharged was highly relevant.
  • Subsequent case law suggests that the factor of cynical breach has assumed increasing importance.

The developer’s last obstacle to realising the value of their land—after having assembled a site, bought out competing interests and secured planning permission, often at great time and expense—can be restrictive covenants. There are plenty of commercial reasons why an eager developer may wish to start their project without going through

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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