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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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