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Law digests: 3 March 2023

03 March 2023
Issue: 8015 / Categories: Case law , In Court , Law digest
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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

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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