Introduction

The purpose of this event is to provide a guide to the legal and commercial issues you will face in dealing with restrictive covenant disputes, and an update on the latest case law. A typical realistic example will be used for a case study, examining the options from the point of view of both developer and the holder of the covenant.

Course Content

• Restrictive Law Update
by Myriam Stacey
• Overview
• Running of benefit & burden
• Dealing with the covenant
• Recent cases and developments
• Possible reform

• The risks of going ahead
by Nicholas Taggart
• interim injunctions
• damages or injunction at trial
• the measure of damages
• Tactics for the landowner
• Tactics for the developer

• Case Study
led by Thomas Jefferies and other speakers

Speaker/s

• MYRIAM STACEY was called to the Bar in 1998 and specialises in property litigation. Her practice covers all aspects of commercial and residential landlord and tenant, including leasehold enfranchisement. She has advised and acted in a wide range of real property disputes, including actions relating to mortgages and charges; boundaries, restrictive covenants and easements; land registration; manorial and common land rights; specific performance and rectification. Her property practice extends to property related professional negligence matters. Myriam acts for major property companies and investors as well as private individuals and small companies.

• NICHOLAS TAGGART was called to the Bar in 1991 is a specialist in all aspects of property litigation. His practice covers all aspects of commercial and residential landlord and tenant, and he has particular expertise in dealing with issues arising in respect of industrial property. He also acts in a wide range of real property disputes, relating to conveyancing disputes, rectification, easements, restrictive covenants, bona vacantia, manorial rights and rights of light. His experience also extends to professional negligence claims, where arising from conveyancing-related matters.

• THOMAS JEFFERIES was called to the Bar in 1981 and specialises in property litigation. The core areas of his practice are commercial landlord and tenant, disputes arising out of the sale of land, and leasehold enfranchisement. He regularly acts for landowners and developers in disputes over covenants, options, highways and obligations to obtain planning permission. He was a founder committee member of the Property Bar Association. He is a CEDR accredited mediator. He is author of Halsbury’s Laws section on Mortgages, re-issued in October 2005 and co-author with John Male QC of the RICS Rent Review casebook.

Book Now

16 October 2008

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