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PRACTICE NOTES
Covenants restricting the use of land imposed by a seller may be divided into three classes: • covenants imposed for the seller’s own personal benefit • covenants imposed as owner of other land, of which the land sold formed a part, and intended to protect or benefit the unsold land • covenants on a sale of land to various buyers who, with their respective successors in title, are intended mutually to enjoy the benefit of, and be bound by, the covenants The first category of covenants is only enforceable by the seller, unless expressly assigned to a third party. For example, in Cosmichome, a covenant which required property to be solely occupied by the buyer for a specified purpose, and which was subject to removal in return for an overage payment, was held not to be intended to protect or benefit the seller’s land but to be purely personal to the seller (since the seller’s motivation for imposing the covenant was clearly financial rather than proprietary). Covenants in the second category are said to
NEWS
Property analysis: A recent case on restrictive covenants is a useful reminder of what the tribunal will take into account in deciding whether a covenant impedes a reasonable user and whether it secures practical benefits—or perhaps more importantly, what it will not take into account.
GLOSSARY
Restrictive measures are diplomatic or economic restrictive measures, applied by the EU to target third countries, non-state entities or individuals. They seek to bring about a change in activities or policies such as violations of international law or human rights, or policies that do not respect the rule of law or democratic principles.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. Date News Analysis Brief description of News Analysis 26 September 2024 Government stops commencement of new assimilated law court procedures—LNB News 26/09/2024 46 The government has today published an instrument revoking the commencement of section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023). This means that new court procedures relating to assimilated law will not enter into force next week as originally intended. 26 September 2024 Retained EU Law (Revocation and Reform) Act 2023 (Commencement No 2 and Saving Provisions) (Revocation) Regulations 2024—LNB News 26/09/2024 2 SI 2024/976: These Regulations are made to revoke a piece of UK secondary legislation, the Retained EU Law (Revocation and Reform) Act 2023 (Commencement No 2 and Saving Provisions) Regulations 2024, SI 2024/714. They are made in exercise of legislative powers under the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) in connection with assimilated law. They came into force on 18 September 2024. 29
NEWS
This week's edition of Restructuring & Insolvency weekly highlights includes: analysis of the administration of a potentially insolvent estate (Wedgwood (as administrator of the estate of Aleem Hosein deceased) v Hosein), updates to the CPR rules, progress of the Bank Resolution (Recapitalisation) Bill, plus a round-up of news and cases for restructuring and insolvency professionals.
NEWS
This week's edition of Restructuring & Insolvency weekly highlights includes: an injunction to restrain a disputed winding-up petition (Just Trays Ltd v Emu Products Ltd), the new Accountant in Bankruptcy website in Scotland, plus a round-up of other news and cases for restructuring and insolvency professionals.
NEWS
This week's edition of Restructuring & Insolvency weekly highlights includes: the court's guidance on changes to CE-File, the title of proceedings and the neutral citation of judgments in the new Business and Property Division, an analysis on how to correctly value intellectual property in transactions at an undervalue (Garden House Software Ltd v Marsh); an analysis of rent apportionment following partial vesting of premises under a disclaimed lease (Landinvest Ltd v Ferguson), plus a round-up of other news and cases for restructuring and insolvency professionals.
NEWS
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis on the sanctioning of the Ambatovy restructuring plans, an examination of a director’s application for permission to act following disqualification (Wilson v The Secretary of State for Business and Trade), an application to restrain the advertisement of a winding-up petition (Portland Stone Firms Ltd v Albert Goodman LLP), the appointment of Raquel Agnello KC as an Insolvency and Companies Court Judge, plus a round-up of other news and cases for restructuring and insolvency professionals.
NEWS
This week's edition of Restructuring & Insolvency weekly highlights includes: an examination of the test for ‘residence’ (Mobile Telecommunications Company KSCP v HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud) and the test for ‘carrying on business’ (Bridging Finance Inc (acting by its receiver/manager Pricewaterhouse Coopers Inc) v Lyons) in the context of bankruptcy jurisdiction, a look at the Association for Business Recovery Professionals’ (R3) response to the Insolvency Service's update on the Personal Insolvency Framework Review, plus a round-up of other news and cases for restructuring and insolvency professionals.
NEWS
This week's edition of Restructuring & Insolvency weekly highlights includes newly published guidance on the information sharing measures in the Economic Crime and Corporate Transparency Act 2023, an analysis of a de facto director’s liability for a company’s losses caused by his breaches of duty (Lime and Black v Mistry), plus a round-up of other news and cases for restructuring and insolvency professionals.
NEWS
This week's edition of Restructuring & Insolvency weekly highlights includes: the appointment of Lord Briggs as the next President of the UK Supreme Court, an analysis of the court’s refusal to wind-up a deadlocked Isle of Man company on the just and equitable ground (APL Holdco Ltd v Apple Properties Ltd), a discussion of how improper purpose may invalidate administrators’ appointment (Glint Pay v Baker), plus a round up of other news and cases for restructuring and insolvency professionals.
NEWS
This week's edition of Restructuring & Insolvency weekly highlights includes: a challenge to a winding-up petition (Re Windrush Alliance UK CIC), an unsuccessful application to set aside a statutory demand, a new Practice Note on litigation funding agreements, plus a round-up of other news and cases for restructuring and insolvency professionals.