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26 November 2020
Issue: 7912 / Categories: Legal News , Property
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NLJ this week: Cynical builders

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Lessons can be learned from a recent Supreme Court judgment on restrictive covenants, according to Andrew Francis, barrister, Serle Court
Writing in NLJ this week, Francis considers the ruling in Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] UKSC 45.

The case concerned a property company who built on land near a children’s hospice. The buildings included 13 affordable houses on land burdened by restrictive covenants. The company applied to modify the covenants only after the houses were built.

Francis discusses what the court decided and why, and sets out some important lessons that can be learned from the case.

@Serle_Court
Issue: 7912 / Categories: Legal News , Property
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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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