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09 June 2023
Issue: 8028 / Categories: Legal News , Property , Covid-19 , Employment
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NLJ this week: Beware the covenant if you have an office in the shed

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Home-working has created legal conundrums for property practitioners—what to do about covenants preventing business use? In this week’s NLJ, Michael Ranson and Taylor Briggs, barristers at Falcon Chambers, explore the recent case of Hodgson v Cook in which a home owner sought modification of a covenant prohibiting home-working.

Ranson and Briggs cover the ‘relatively well-known but often little-understood’ discretionary jurisdiction to discharge or modify covenants. They look in detail at Hodgson and share their views on the implications of the case for home workers (partial and main). There may be more such cases to come—the authors predict ‘an increase in attempts to enforce such covenants’. 

Read more on covenants and home-working here.

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

The Financial Conduct Authority (FCA) has become ‘a very different organisation’ under its new enforcement leadership, writes James Tyler, of counsel at Peters & Peters LLP, in the latest issue of NLJ
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament
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