Arthur Cox successfully represented Dunnes Stores in the case of Dunnes Stores Unlimited Company & Anor v Dafora Unlimited & Ors in which the Court of Appeal recently upheld the High Court’s decision that a restrictive covenant in an occupational lease is enforceable.

The outcome of the case is good news for landlords, anchor tenants and occupational tenants who have negotiated exclusivities into their leases as they illustrate that such arrangements will be enforced by the courts. The case also demonstrates the importance of careful drafting of exclusivities, restrictive covenants and accompanying defined terms given the significant economic implications of the scope of such clauses for lease parties.

Read our briefing on the case here.