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England and Wales decisions
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The Upper Tribunal modified a recent restrictive covenant to allow a third dwelling, finding the covenant no longer gave Rysa a practical benefit of substantial value.
The defendant breached the Non-Representation and Non-Disparagement Clauses by publicly representing himself as connected with the claimants and making derogatory statements. His persistent campaign of emails and LinkedIn posts, including threats, insults, and baseless allegations, constituted a course of conduct amounting to harassment under the Protection from Harassment Act 1997. The statutory defences of prevention or detection of crime and reasonableness were not made out. The claimants are entitled to a final injunction, damages for harassment, and a general civil restraint order.
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Vertical Aerospace Group Ltd v Ngoma [2026] EWHC 1096 (KB) (08 May 2026)
The High Court upheld an imaging order against a former employee joining a competitor, but narrowed overbroad information-provision requirements and rejected discharge.
The Upper Tribunal dismissed an application to modify restrictive covenants on recently sold garages, holding they secured practical estate-management benefits and that prompt release was discretionary refused.
The appellant acquired an intangible fixed asset for continuing use in its activities, and correctly claimed amortisation deductions in accordance with GAAP. The asset was transferred and controlled by the appellant, and the arrangements constituted a valid acquisition and exploitation of an intangible asset. HMRC's discovery assessments for certain periods were invalid as the extended time limit did not apply; there was no loss of tax brought about by careless conduct.
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The requirements of CPR 31.16 for pre-action disclosure were satisfied as both parties were likely to be parties to subsequent proceedings, the documents sought fell within standard disclosure, and disclosure was desirable to clarify the extent of any claim and potentially resolve the dispute without litigation or limit costs. The order was granted with limitations to ensure proportionality.
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Pridewell Properties (London) Ltd v Spirit Pub Company (Managed) Ltd [2026] EWHC 953 (Ch) (24 April 2026)
Appeal dismissed in a landlord and tenant renewal dispute over redevelopment, funding, planning permission, and timing under section 30(1)(f) of the 1954 Act.
High Court appeal on business tenancy renewal failed because the landlord did not prove a real prospect of funding and the works would start only after too long a delay.
The Upper Tribunal discharged a restrictive covenant over land at Sturt Farm Barn, finding it obsolete and that planned development would cause no injury to the objector.
The Upper Tribunal modified a restrictive covenant to allow redevelopment of land at Smugglers Hyde, subject to conditions, management approval, and £56,250 compensation.
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