We do not get too many cases in which section 1 of the Law of Property Act 1925 is at the heart of the decision. In Baker & Anor v Craggs  EWCA Civ 1126, the Court of Appeal has overturned the 2016 High Court decision (see CPI Update Issue 153 – January 2017).
When is a covenant not a covenant? Perhaps when the judge decides it is an easement? In the recent case of Churston Golf Club v Haddock  EWHC 347 (Ch), the court interpreted the language of a 1972 conveyance (which, for all the world, appeared to have imposed a covenant) and construed the drafting as having created an easement.
There was universal disappointment amongst those with an interest in commercial certainty and sensible development of the law when it was discovered that there was to be no appeal hearing in the case of EMI Group Ltd v O & H Q1 Ltd  EWHC 529 (Ch). The parties have reached a settlement agreement.