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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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