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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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