header-logo header-logo

10 March 2011 / Andrew Francis
Issue: 7456 / Categories: Features , Property
printer mail-detail

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

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll