header-logo header-logo

12 December 2014 / Andrew Francis
Issue: 7634 / Categories: Features , Property , Competition , Commercial
printer mail-detail

Vigilance matters

francisl

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll