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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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