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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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