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12 December 2014 / Andrew Francis
Issue: 7634 / Categories: Features , Property , Competition , Commercial
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Vigilance matters

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Restrictive covenants & freehold land: is now the time to wake up to the challenges to validity, asks Andrew Francis

It is over three and half years since the removal of the exemption of land agreements from Chapters I and II of the Competition Act 1998 (CA 1998) on 6 April 2011. Given the publicity surrounding the decision in December 2013 in Martin Retail Group Ltd v Crawley Borough Council [2014] L&TR 17, [2014] 1 EGLR 42 and the decision of Mr Justice Henderson in July 2014 in Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors [2014] EWHC 2313 (Ch), [2014] All ER (D) 163 (Jul) property lawyers with an eye on competition issues are probably thinking that enough has been said on the subject. This article attempts to show by reference to an even more recent decision that the price of security is eternal vigilance and that even after the passage of time since April 2011, there is a continuing need to assess the validity of restrictive covenants

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

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New senior partner hire at consultant-led employment / regulatory law firm

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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