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21 November 2025
Issue: 8140 / Categories: Legal News , Property , Construction
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NLJ this week: Ignore covenants at your peril

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Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ

Following Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd, the Upper Tribunal has repeatedly refused to modify covenants where developers built first and applied later. Recent rulings show that deliberate, profit-driven breaches—dubbed 'cynical'—can doom even otherwise valid applications under s 84(1) of the Law of Property Act 1925.

Shea and Miller review later cases, noting how tribunals distinguish naïve or altruistic mistakes from calculated defiance. They urge developers to document reasons for early construction, seek timely injunctions or consents, and avoid relying on self-created breaches to justify modification.

Issue: 8140 / Categories: Legal News , Property , Construction
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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
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