header-logo header-logo

10 June 2010 / Andrew Lugger
Issue: 7421 / Categories: Features , Property , Insurance / reinsurance
printer mail-detail

Double jeopardy?

Andrew Lugger warns property practitioners against an over reliance on indemnity insurance

Property practitioners face increasing pressure from developer clients to make decisions on how to neutralise a restrictive covenant more often and more quickly than ever before. Decision making is the cognitive process leading to the selection of a course of action among several alternatives. In relation to restrictive covenants, the alternatives range from doing nothing (because the precise wording of the covenant will not adversely affect the proposed development) to making an application under the Law of Property Act 1925, s 84. 

For over 40 years restrictive covenant indemnity insurance has been underwritten by a number of insurance companies in this country. For a single “one off” payment the insurance company will issue a policy in perpetuity for those who are in breach of a restrictive covenant or going to breach covenants by some activity on the land. Insurance cover is also available to protect against breach of any unknown covenants.

A tendency has arisen, particularly in recent times, for property practitioners

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll