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Real Estate

18 September 2020
Emma Pinkerton Restrictive covenants: some clarity but still subject to competition law

United Kingdom - CMS Cameron McKenna Nabarro Olswang LLP

A recent Supreme Court case has clarified the law around challenges to covenants which seek to limit the use of land. The case involved an appeal by a retail anchor tenant against its landlord, which had sought to challenge a restrictive covenant in the lease which prevented it from letting space to businesses that competed with the tenant. The landlord sought to argue that the covenant was unenforceable as it fell within the doctrine of restraint of trade.

Authors: Emma Pinkerton, Russell Hoare, Magnus Wallsten
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