“Businesses will be able to challenge land use restrictions put in place by major supermarkets to limit local competition from rival grocery outlets, the Office of Fair Trading (OFT) has announced.”
OUT-LAW.com, 20th June 2012
Source: www.out-law.com
“As a result of the decision in Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch), when considering the enforceability of a post-termination restrictive covenant against competition in a franchise agreement, there are now two things that have to be considered: the franchisor’s interest in having his goodwill in the franchise protected as a matter of common law; and, the franchisor’s interest in having his know-how and the assistance he has given his franchisee protected as a matter of Community law, as enacted in the UK by the Competition Act 1998?”
Hardwicke Chambers, 25th April 2012
Source: www.hardwicke.co.uk
Canwell Estate Co Ltd v Smith Brothers Farms Ltd [2012] EWCA Civ 237; [2012] WLR (D) 59
“The prohibition introduced by the Rentcharges Act 1977 against creation of new rentcharges by a rent owner against a landowner did not apply to the creation of a rentcharge incorporated in a transfer made in 1990 the amount of which was calculated annually as a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under a covenant to cleanse, repair, maintain and as often as might be reasonably necessary renew, inter alia, all the roads on an estate, even though part of such service extended to land which was not owned by the party liable to pay the charge and to roads over which he had no right of way.”
WLR Daily, 2nd March 2012
Source: www.iclr.co.uk
“Tourism bosses have been hit with a bill of £750,000 because the new Museum of Liverpool partially blocks the view from an iconic waterfront building.”
BBC News, 24th February 2010
Source: www.bbc.co.uk
“On 28 March 2008 the Law Commission published a consultation paper provisionally proposing wide-ranging reform of the law governing easements, covenants and profits à prendre.”
Law Commission, 28th March 2008
Source: www.lawcom.gov.uk
Court must not be swayed by council approval
Lawntown Ltd v Camenzuli and Another
Court of Appeal
“When exercising its discretion whether to vary a restrictive covenant to permit conversion of a single dwellinghouse into flats where planning permission had been granted, the court had to carry out its own balancing exercise and not be swayed by the fact that the planning authority had already granted permission.”
The Times, 14th November 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Lawntown Ltd v Camenzuli and another [2007] EWCA Civ 949
“Where the court was exercising its discretion under s 610(2) of the Housing Act 1985 to decide whether to vary a restrictive covenant to permit conversion of a single dwelling house into flats where planning permission had been granted there was no presumption, let alone duty, in favour of varying the covenant. It was left to the court to take account of all relevant factors and to carry out a balancing exercise, giving such weight as it judged appropriate to the various factors in the exercise of its discretion.”
WLR Daily, 10th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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