UK, Restrictive Covenants, UK Supreme Court

Briefcase 2025 Quarter 2: Key Real Estate Cases and Updates

BCLP on 6/26/2025

Case 1: Brown v Ridley and Another - The Supreme Court has clarified that a reasonable belief of ownership for any 10 year period is sufficient to claim adverse possession....more

Developers Beware – Restrictive Covenants Update

K&L Gates LLP on 12/9/2020

Executive summary - This is the first time that the Supreme Court has had to decide an appeal relating to section 84 of the Law of Property Act 1925 (section 84). This is the piece of legislation that gives the Upper Tribunal...more

Supreme Court ruling in restrictive covenant case: ignore covenants at your own risk

Hogan Lovells on 11/6/2020

The Supreme Court has handed down judgment today in an eagerly awaited case on restrictive covenants and affordable housing. It is the first time that the Supreme Court has considered a case on the modification of restrictive...more

Restrictive covenants – more likely to be enforceable, but don’t forget competition law

Hogan Lovells on 8/20/2020

A recent Supreme Court judgment has clarified one of the routes to challenging covenants limiting land use. It has adopted a new approach to assessing the old question of what is a “restraint of trade”? The judgment did not...more

First UK Supreme Court Decision on Restrictive Covenants for 100 years

Seyfarth Shaw LLP on 7/17/2019

The Supreme Court in the UK, the highest court in the country, last week ruled on a restrictive covenant case for the first time in 100 years [Tillman v Egon Zehnder Ltd [2019] UKSC 32 (3 July 2019)]. It has clarified...more

Separating the Good From the Bad: UK Supreme Court Clarifies “Blue Pencil” Test in Restraint of Trade Cases

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/9/2019

On July 3, 2019, in a long-awaited judgment the Supreme Court of the United Kingdom clarified the correct approach to deciding whether words can be severed from a post-employment covenant to leave an employee bound by the...more

UK Supreme Court clarifies the law on penalties Cavendish Square Holding BC v Talal El Makdessi [2015] UKSC 67

King & Spalding on 1/5/2016

The UK Supreme Court has recently clarified the English (and Scottish) law on penalties in the (joint) appeals in Cavendish Square Holding BV v Talal El Makdessi (“Cavendish”) and ParkingEye Ltd v Beavis [2015] UKSC 67...more

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