February 2014 #318 – Law Journals

Restrictive Covenants: Discharge and modification

Emma Humphreys discusses two recent cases where the Upper Tribunal took a flexible approach to the modification of a restrictive covenant ‘The applicants in The Trustees of the Green Masjid and Madrasah submitted that they had anticipated that the variation of the restrictive covenant would not be an issue given that the council was also …

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Covenants: Benefit and scope

Michael Gould considers the outcome of a Court of Appeal case concerning the benefit and scope of covenants ‘The covenant was aimed at activities on the burdened land as the source of the nuisance, such as fumes or smell or noise from an offensive trade or business, which may spread from and beyond the boundaries …

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Chancel Repair Liability: A continuing problem

John de Waal QC provides an overview to CRL and suggests that it may be time to abolish this liability ‘It is the author’s view that CRL is best understood as a form of local tax, rather like a council tax. If one considers the nature of the liability, it is a personal liability attaching …

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Positive Covenants: A thorny issue

Andrew Williams examines a recent Court of Appeal case concerning positive freehold covenants and the recovery of maintenance costs ‘Goodman is likely to become best known for the Court of Appeal’s decision as to the registration requirements relating to the burden of a positive covenant.’ During the Autumn of 2013 the Court of Appeal in …

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Construction Focus: Termination of contract – the wider picture

John Starr reviews the problems that can be encountered on termination, as well as a detailed look at repudiation in the context of recent case law ‘Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd and anor [2013] highlights some of the problems that can arise on the termination of a construction contract. Although it was …

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Tenant: A void assignment

James Batham and Thomas Grant QC discuss the implications of Lord Neuberger’s obiter comments in K/S Victoria Street, and the likelihood of such comments being confirmed in the future ‘Our view is that, despite the high authority of Lord Neuberger, if and when the point comes to be tested, the court would not conclude that …

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Trespass: Damages without loss

How should damages be assessed where there is no loss to the claimant but the defendant has gained a benefit that he has not had to pay for? Robert Phillips looks at a recent case ‘We can draw from Eaton Mansions confirmation of the principle that even where a trespass causes no, or minimal, loss …

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