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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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