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04 February 2022 / Andrew Francis
Issue: 7965 / Categories: Features , Property
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Bath Rugby win at home

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Victory in the Court of Appeal: Andrew Francis tackles the enforceability of covenants
  • Following the Court of Appeal’s decision in Bath Rugby Ltd v Greenwood, this article looks at the problem of deciding whether a covenant can be enforceable by anyone who claims the benefit of it and who is not the original covenantee.

To adapt the words of a onetime resident at Bath, it is a truth universally acknowledged by real property lawyers that in order to be of any practical value, a restrictive covenant affecting freehold land must have an enforcing party.

To decide whether a covenant achieves that status can be difficult. The trickiest part of the analysis of a covenant is not always its meaning, or whether it binds anyone, but whether anyone can enforce it. Over more than two centuries, the courts have devised rules about how the burden of a covenant may run and also working out how the right to enforce (‘the benefit’) of a covenant may be claimed; in each case,

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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