The following Property Q&A provides comprehensive and up to date legal information covering:
Having conducted a comprehensive search of our resources, we have been unable to find any authority which would suggest that it is not possible to impose a restrictive covenant to that effect (subject to compliance with the usual rules on construction of restrictive covenants—see Practice Note: Restrictive covenants—nature and characteristics).
We assume that you were wondering if such a covenant would be void in public policy or human rights grounds. We are not aware of any authority to suggest that would be the case. In the case of Trustees of the Green Masjid and Madrasah th
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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