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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll