header-logo header-logo

10 June 2010 / Andrew Lugger
Issue: 7421 / Categories: Features , Property , Insurance / reinsurance
printer mail-detail

Double jeopardy?

Andrew Lugger warns property practitioners against an over reliance on indemnity insurance

Property practitioners face increasing pressure from developer clients to make decisions on how to neutralise a restrictive covenant more often and more quickly than ever before. Decision making is the cognitive process leading to the selection of a course of action among several alternatives. In relation to restrictive covenants, the alternatives range from doing nothing (because the precise wording of the covenant will not adversely affect the proposed development) to making an application under the Law of Property Act 1925, s 84. 

For over 40 years restrictive covenant indemnity insurance has been underwritten by a number of insurance companies in this country. For a single “one off” payment the insurance company will issue a policy in perpetuity for those who are in breach of a restrictive covenant or going to breach covenants by some activity on the land. Insurance cover is also available to protect against breach of any unknown covenants.

A tendency has arisen, particularly in recent times, for property practitioners to reach for indemnity insurance whenever they encounter an extant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll