Education & Training Resources

Slide presentation of the talk by James Fieldsend at the JPLA event in Manchester.

Slide presentation given by Cecily Crampin at JPLA Manchester event.

There are whole books written on restrictive covenants in relation to property, and so instead of a whistle-stop tour of the area, this part of the seminar concentrates instead on remedies for breach. This is the most transferable aspect of this area of law, and the same principles are of application generally within litigation.

Over the last 45 or so years, the House of Lords and Supreme Court have examined the relevant principles of contractual interpretation in some landmark authorities

Restrictive covenants can appear in both leases and in relation to freehold land. They are contractual obligations that prohibit certain specific conduct. Unlike normal contractual promises, which bind only the original parties, these can bind subsequent owners of the affected land.

It was generally thought that there were but a few well defined categories of contract that required the parties to deal in good faith (partnership and insurance being prime examples) and in all others laissez-faire prevails. In 2013 all that changed. Or did it?

The Law Commission for England and Wales

A presentation

A presentation for the Property Litigation Association Annual Conference at Keble College, Oxford on Friday, 15 April 2016.

Matt Bird is the creator of Relationology a unique approach to achieving business growth through the power of client relationships.