header-logo header-logo

03 March 2023
Issue: 8015 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 3 March 2023

Covenant

Hodgson and another v Cook and others [2023] UKUT 41 (LC), [2023] All ER (D) 54 (Feb)

The Upper Tribunal (Lands Chamber) dismissed the applicants’ application to modify a restrictive covenant on a modern residential estate in order to conduct a beauty therapy business from a cabin in the rear garden of a property on the estate. Although planning permission had been granted, the application was refused, having been made under grounds (aa), (b) and (c) of s 84(1) of the Law of Property Act 1925. Whether the effect of the covenant in preventing the use of the property for the business secured a benefit for the objectors depended on the impact that use had on amenity. The applicants regarded the noise generated by the business as being unobtrusive, but the objectors bemoaned a loss of privacy and became vexed by the traffic and parking arising from the business. The court held, among other things, that modification of the covenant would remove the sense of certainty about what might be permitted

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