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15 October 2010 / James Naylor
Issue: 7437 / Categories: Features , Landlord&tenant , Property
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Whodunit?

James Naylor investigates the importance of interpretation

If it wasn’t quite a case of legal whodunit in Roadside Group Limited v Zara Commercial Limited [2010] EWHC 1950 (Ch) it wasn’t far off, in this helpful user covenant case. On appeal, the High Court investigated whether a sub-tenant could put a tenant in breach of its parking covenants. In deciding the case, the High Court provided useful guidance on interpreting user covenants, and, in particular, the effect of a draughtsman using an “active” or “passive” voice.

Z granted an underlease to R of a petrol station, car showroom (with two flats over it), service garage and hard standing. Z retained further land adjacent to and to the south of R’s demised premises. The underlease contained a parking user covenant: “Not to use the demised premises or any part thereof for the sale of motor vehicles by auction or for the parking of motor vehicles for sale on any forecourt” (the Parking Covenant).

R then granted a sub-lease of part to Triple Eight “which for some time

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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