A recent Supreme Court judgment has clarified one of the routes to challenging covenants limiting land use. It has adopted a new approach to assessing the old question of what is a “restraint of trade”? The judgment did not however address possible challenges to restrictive covenants under competition law, which remain a real possibility.
The Read More
A property developer has forced Tesco to agree to release it from a restrictive covenant by challenging its enforceability in court on competition law grounds. The resulting settlement demonstrates how parties can use competition law to challenge restrictive provisions in land agreements and how a new fast-track court procedure offers a quick and cost-effective route Read More