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10 March 2011 / Andrew Francis
Issue: 7456 / Categories: Features , Property
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Excluded no more

Andrew Francis considers a novel area of property law

The relationship between competition law and agreements affecting land (whether estates, or other interests therein) which have a bearing on competition law is an area of law which to most property lawyers is a novelty. Most of this law is now EU based, with the UK being required to interpret and apply that law consistently with EU practice; s 60 of the Competition Act 1998.

With effect from 6 April 2011, the Competition Act 1988 (Land Agreements Exclusion and Revocation) Order 2004 (SI 2004/1260) (the 2004 Order) will be revoked by the Competition Act 1998 (Land Agreement Exclusion Revocation) Order 2010 (SI 2010/1709).

Some examples show the area of law where the effect of revocation might have to be considered.

(i) A covenant in a lease granted by L District Council restricts use to offices. The market for such offices is competitive in the area of the property let. X co wants to use part of the building as a shop but L DC refuses.

(ii) A

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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
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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.

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