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Law digests: 3 March 2023

03 March 2023
Issue: 8015 / Categories: Case law , In Court , Law digest
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Covenant

Hodgson and another v Cook and others [2023] UKUT 41 (LC), [2023] All ER (D) 54 (Feb)

The Upper Tribunal (Lands Chamber) dismissed the applicants’ application to modify a restrictive covenant on a modern residential estate in order to conduct a beauty therapy business from a cabin in the rear garden of a property on the estate. Although planning permission had been granted, the application was refused, having been made under grounds (aa), (b) and (c) of s 84(1) of the Law of Property Act 1925. Whether the effect of the covenant in preventing the use of the property for the business secured a benefit for the objectors depended on the impact that use had on amenity. The applicants regarded the noise generated by the business as being unobtrusive, but the objectors bemoaned a loss of privacy and became vexed by the traffic and parking arising from the business. The court held, among other things, that modification of the covenant would remove the sense of certainty about what might be permitted in future and raised concerns about the loss of amenity

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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
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