header-logo header-logo

Excluded no more

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

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
back-to-top-scroll