Covenant in UK Law

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Leading Cases
  • Federated Homes Ltd v Mill Lodge Properties Ltd
    • Court of Appeal
    • 29 Nov 1979

    For myself, I reject the narrowest interpretation of section 78, the supposed orthodox view, which seems to me to fly in the face of the wording of the section. Before I express my reasons I will say that I do not find it necessary to choose between the second and the third views because, in my opinion, this covenant relates to land of the covenantee on either interpretation of section 78.

    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.

  • Littlewoods Organisation Ltd v Harris
    • Court of Appeal
    • 03 Ago 1977

    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.

  • Kenny v Preen
    • Court of Appeal
    • 15 Oct 1962

    The basis of it is that the landlord, by letting the premises, confers on the tenant the right of possession during the term and impliedly promises not to interfere with the tenant's exercise and use of the right of possession during the term. 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.

  • Kumar v Dunning
    • Court of Appeal
    • 15 Abr 1987

    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.

  • Douglas Gafford (Plaintiff v A H Graham and Another (Defendants
    • Court of Appeal
    • 08 Abr 1998

    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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Books & Journal Articles
  • The new covenant of employability
    • Núm. 30-2, Enero 2008
    • Employee Relations
    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...
  • Conceptualising the notion of corporate brand covenant
    • Núm. 19-6, Septiembre 2010
    • Journal of Product & Brand Management
    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...
  • The Enforceability of A Covenant to Create A Trust
    • Núm. 29-4, Julio 1966
    • The Modern Law Review
  • Covenant strength in shopping centres: a diversified risk?
    • Núm. 26-4, Julio 2008
    • Journal of Property Investment & Finance
    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...
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Law Firm Commentaries
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