header-logo header-logo

Civil way: 18 October 2019

17 October 2019
Issue: 7860 / Categories: Features , Procedure & practice , Civil way
printer mail-detail
Overcoming restriction; petty relocation; inheritance ruling dead; mousy divorces

Taking a rifle to a stifle

The current fashion is for business premises to rot away unoccupied. If it is not the local planning authority which is standing in the way of conversion to dwellings, then a restrictive covenant is the frustrating factor. An alternative to paying a multitude of arms and legs by way of an indemnity policy premium or assassinating the covenantee, is to get rid of the covenant. The discharge or modification provisions on which we were weaned that are s 84 of the Law of Property Act 1925 are available not only for freeholds but also for leaseholds (s 84(12))—and not a lot of people know that—of more than 40 years where 25 of them have expired.

And so it was in Shaviram Normandy Ltd v Basingstoke and Deana Borough Council [2019] UKUT 256 (LC), involving the former UK headquarters of IBM which have been empty since 2013 and fallen into a significant state of repair, accelerated by vandalism. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll