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09 June 2023 / Michael Ranson , Taylor Briggs
Issue: 8028 / Categories: Features , Property , Covid-19
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Covenants: hostile to home working?

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The rise of home working has created an uncertain landscape for property practitioners: Michael Ranson & Taylor Briggs report on ‘business use’ &  the modification of restrictive covenants
  • Hodgson v Cook is a recent Upper Tribunal authority on the interrelationship between home working and covenants preventing business use.
  • This article explores that case and the tribunal’s jurisdiction to modify or discharge such covenants.

The COVID-19 pandemic brought about numerous changes to our daily lives, one of which was in respect of our working habits. According to the Office for National Statistics, despite ‘work from home’ guidance having been lifted as long ago as January 2022, almost a third of working adults reported that they worked partly at home and partly in an office elsewhere, with over 15% working from home exclusively, between September 2022 and January 2023.

This raises a range of legal issues, including data protection compliance, buildings and contents insurance requirements, planning control and the tax treatment of homes which have now

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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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