Restrictive Covenants: Ignore At Your Peril
Covenants restricting development on land are a perennial thorn in the side for developers. They can either restrict development entirely or restrict its extent, and ignoring or breaching them can have far reaching consequences. This webinar will discuss what is the law and practice in dealing with restrictive covenants following the recent Supreme Court case of Alexander Devine Children's Cancer Trust (Respondent) v Housing Solutions Ltd?
Module Duration: 1 hour 40 minutes
Welcome and Introduction from the Chair, Roger Cohen
- Scene setting of the case and why it matters
A Dissection and Review of Recent and Important Cases
- Alexander Devine Children's Cancer Trust (Respondent) v Housing Solutions Ltd (Appellant) UKSC 2019/0006
- Bath Rugby Club
- Review of other recent, or landmark cases
- What can developers do?
- Consequences of ignoring restrictive covenants
- How much wriggle room exists between complying and not complying?
Discharging Restrictive Covenants Through Negotiation
- How might the value of schemes be affected and can restrictive covenants be negotiated to avoid litigation, the threat of an injunction, damages, forfeiture or demolition?
A Chaired Debate - Questions from the Chair and the Audience
Summary & Close
- What are the key lessons from all of this?
- Roger Cohen, Senior Counsel, Bryan Cave Leighton Paisner LLP
- Andrew Fraser-Urquhart QC, Barrister, Francis Taylor Building
- Peter Roberts FRICS CEnv, Partner - Valuation, Dalton Warner Davis LLP (DWD)
- Rashpal Soomal, Partner, Bryan Cave Leighton Paisner LLP
- David van der Lande, Director, Town Centre Regeneration Ltd