Back to Events listing

Property

WATCH: Property “Hot Topic” Webinar: Bath Rugby & anr v Greenwood & ors – restrictive covenants

Tuesday 18 January 2022
1pm - 2pm
Online, Zoom
1.0 CPD

Please watch our “Hot Topic” Webinar on restrictive covenants: Bath Rugby & anr v Greenwood & ors.

On 21 December 2021 the Court of Appeal handed down its judgment in Bath Rugby & anr v Greenwood & ors. The Court considered the enforceability of a pre-1925 Act restrictive covenant and, in doing so, clarified matters relating to the annexation of both pre- and post- 1925 Act covenants. It overturned the decision of the court below, concluding that for there to be annexation there must be a ‘sufficient indication’ of the land intended to be benefited by the covenant and that the words ‘adjoining land or the neighbourhood’ were neither sufficient nor could be construed as the court had done below.

The Court did not agree on all matters. There is some noteworthy disagreement about whether a condition of annexation for both pre- and post- 1925 Act covenants is that the land intended to be benefited by the covenant has to be ‘easily ascertainable’.

Martin Hutchings QC and Harriet Holmes, who acted for the successful second appellant freeholder and intervener, discussed the background to the case, the reasoning of the Court and consider the ‘takeaway points’ for practitioners (both contentious and non-contentious) including how the decision might affect those considering drafting restrictive covenants and advising on their legal meaning. The webinar is chaired by James McCreath.

If you have any questions please email seminars@wilberforce.co.uk


People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    News

    Four wins for Wilberforce at Chambers UK Bar Awards 2023

    We are absolutely delighted to have picked up four awards at last night’s Chambers UK Bar Awards! We are proud to announce that Wilberforce Chambers won the highly coveted ‘Set of the Year‘ award, as well as ‘Chancery Set of... Read more

    Friday 1 December 2023

    View more
  2. Placeholder

    Events / Webinars

    The Landlord and Tenant Act 1954 – Refine, Reform or Reject? A Panel Debate

    Wednesday 6th December 2023 | 6pm - 7.15pm, followed by drinks
    Hogan Lovells International LLP, Atlantic House, Holborn Viaduct, London EC1A 2FG

    View more
  3. Placeholder

    Webchats

    Considering the recent Court of Appeal decision on the Landlord and Tenant Act 1954

    Listen to Joanne Wicks KC and Benjamin Faulkner on our latest #WilberforceWebchat as they consider a recent Court of Appeal decision on the Landlord and Tenant Act 1954. The case provides helpful guidance about the grounds of opposition to the... Read more

    Joanne Wicks KC | Benjamin Faulkner
    Tuesday 17 October 2023

    View more
  4. Placeholder

    Recent Cases

    Judgment handed down in Gill v Lees News Ltd

    Property

    Joanne Wicks KC
    Thursday 12 October 2023

    View more

View all thought leadership