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17 October 2019
Issue: 7860 / Categories: Features , Procedure & practice , Civil way
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Civil way: 18 October 2019

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

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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