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NLJ this week: Beware the covenant if you have an office in the shed

09 June 2023
Issue: 8028 / Categories: Legal News , Property , Covid-19 , Employment
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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

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
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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
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