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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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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