Covenant in UK Law
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Federated Homes Ltd v Mill Lodge Properties Ltd
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In otherwords, if the condition precedent of section 78 is satisfied - that is to say, there exists a covenant which touches and concerns the land of the covenantee - that covenant runs with the land for the benefit of his successors in title, persons deriving title under him or them and other owners and occupiers.
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Littlewoods Organisation Ltd v Harris
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The reason is because it is so difficult to draw the line between information which is confidential and information which is not: and it is very difficult to prove a breach when the information is of such a character that a servant can carry it away in his head. The difficulties are such that the only practicable solution is to take a covenant from the servant by which he is not to go to work for a rival in trade. Such a covenant may well be hold to be reasonable if limited to a short period.
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Kenny v Preen
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I think the word "enjoy" used in this connection is a translation of the Latin word "fruor" and refers to the exercise and use of the right and having the full benefit of it, rather than to deriving pleasure from it.
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Kumar v Dunning
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The main intention of section 62 was to provide a form of statutory shorthand rendering it unnecessary to include such words expressly in every conveyance. It is a matter of debate whether, in the context of the section, the words "rights…appertaining to the land" include rights arising under covenant as opposed to strict property rights. However, I will assume, without deciding, that rights under covenant are within the words of the section.
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Douglas Gafford (Plaintiff v A H Graham and Another (Defendants
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It appears that the judge's reference to a legal assignment was brought about by the citation to him in argument of the decision of this court in Shaw v. Applegate [1977] 1 WLR 970, where, at p 979H, Goff LJ, relying on the judgment of Farwell J. in Osborne v. Bradley [1903] 2 Ch 446, 451, expressed the view that it is easier to establish a case of acquiesence where the right is equitable only.
However, that view was rejected in Jaggard v. Sawyer by both Sir Thomas Bingham MR and Millett LJ who, agreeing with Megarry VC in Tito v. Waddell (No. 2) [1977] Ch 106, 335, thought that Brightman J's approach had been compensatory, in that the damages awarded were intended to compensate the plaintiffs for not having obtained the price they would have been able to obtain for giving their consent, had they been asked to give it.
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Crest Nicholson Residential (South) Ltd v McAllister
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There is, in effect, statutory annexation of the benefit of the covenant to "the land intended to be benefited by the covenant". The words which I have emphasised, which are incorporated by Lord Justice Brightman in the passage which I have just cited, are derived, of course, from section 78(1): "For the purposes of this subsection … 'successors in title' shall be deemed to include the owners and occupiers for the time being of the land of the covenantee intended to be benefited."
- The Armed Forces (Covenant) Regulations 2022
- Environment Act 2021
- Discharging a covenant entered into between John Weston and Samuel Jackson, and empowering the trustees of the Maze estate to complete certain sales Act 1829
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Landlord and Tenant (Covenants) Act 1995
... ... 2: Covenants to which the Act applies ... (1) This Act applies to a landlord covenant or a tenant covenant of a tenancy—(a) whether or not the covenant has reference to the subject matter of the tenancy, and(b) whether the covenant ... ...
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The new covenant of employability
Purpose: Changing career patterns and the erosion of job security have led to a growing emphasis on employability as a basis for career and employment success. The written and psychological contrac...
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Conceptualising the notion of corporate brand covenant
Purpose: This paper aims to theorise the concept of corporate brand covenant. Design/methodology/approach: Christian theology is drawn on to define and identify the source of the notion of covenan...
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Covenant strength in shopping centres: a diversified risk?
Purpose: The paper has two aims: to consider the volatility of the covenant strength risk ratings among the top 25 retailers in the UK over the period 2002 to 2006 and to devise a risk scoring mode...
- Review: The Global Covenant
- A Covenant Education
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Short-term lettings frustrated by user covenant
The decision of the Upper Tribunal in Iveta Nemcova v. Fairfield Rents Limited [2016] UKUT 303 (LC) is a reminder that it is not just the alienation covenant that must be considered when a tenant s...
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Updated employer covenant guidance from the Pensions Regulator August 2015
Background - The term employer covenant refers to the legal obligation, ability and willingness of a pension scheme's sponsoring employer (or a number of employers) to provide the requisite fu...
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What is Duvalue of an absolute covenant in a lease?
On 6 May 2020, the Supreme Court handed down its judgment in the case of Duval v 11-13 Randolph Crescent Limited [2020] UKSC 18. The question considered by the court was whether a landlord of a bl...
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Restrictive Covenant Application: Publicity Notice
Lands Chamber (Upper Tribunal) forms including appeals forms.
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Notice of Objection to a Restrictive Covenant Application
Lands Chamber (Upper Tribunal) forms including appeals forms.
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Application under Section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant
Lands Chamber (Upper Tribunal) forms including appeals forms.
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Apply for an order that a breach of the lease has occurred
Leasehold (management) dispute applications forms including applications for orders.... ... Ref no. (for office use only) ... ... ... Application for an order that a breach of covenant or a condition in the lease has occurred ... Section 168(4) of the Commonhold and Leasehold Reform Act 2002 ... It is important ... ...