Court of Appeal rejects distinction between ‘aggressive’ and ‘passive’ begging when it comes to obtaining anti-social behaviour injunctions – Local Government Lawyer

Posted March 18th, 2024 in anti-social behaviour, appeals, ASBOs, injunctions, local government, news by tracey

‘Legislation on anti-social behaviour does not distinguish between aggressive and passive begging in determining whether an offence has been committed, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

English anti-suit injunctions in aid of arbitration agreements with a foreign seat – Wilberforce Chambers

Posted March 6th, 2024 in arbitration, chambers articles, foreign jurisdictions, injunctions, news by sally

‘The recent Court of Appeal decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] EWCA Civ 64 (“Unicredit”) is the latest in a trilogy of cases1 involving successful applications to the English courts for the grant of anti-suit injunctions to restrain RusChemAlliance LLC (“RCA”), a Russian company, from continuing Russian proceedings brought in breach of arbitration agreements governed by English law. The distinguishing feature in each of these cases is that although the arbitration agreements were governed by English law, the chosen seat of the arbitration was Paris, France, and hence the supervisory court was not the English court but the French court.’

Full Story

Wilberforce Chambers, 22nd February 2024

Source: www.wilberforce.co.uk

Wrong in principle – Nearly Legal

Posted February 26th, 2024 in disclosure, housing, injunctions, news, notification, pre-action conduct, repossession by tracey

‘Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB). This was a High Court hearing of an ex parte application for an “emergency injunction” to stay an eviction (amongst other things).’

Full Story

Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 14th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023.’

Full Story

UKSC Blog, 12th February 2024

Source: ukscblog.com

What is rule 39? UK government tells civil servants to ignore European court of human rights on Rwanda deportations – EIN Blog

‘The UK government is once again navigating legal and political hurdles over its plan to send asylum seekers to Rwanda. The latest debate is over the emergency bill that legally declares Rwanda a safe place to send refugees (despite the supreme court ruling the opposite).’

Full Story

EIN Blog, 23rd January 2024

Source: www.ein.org.uk

Court of Appeal moves to reaffirm “wide and flexible powers” of family court in care case – Local Government Lawyer

‘The Court of Appeal has allowed a Guardian’s appeal against a family judge’s conclusion that she did not have jurisdiction to grant an injunction.’

Full Story

Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 20th, 2023 in appeals, human rights, injunctions, local government, news, Supreme Court, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’

Full Story

UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 19th, 2023 in injunctions, local government, news, travellers by tracey

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world” [143(i)]. Local authorities sought to use such injunctions, due to the inefficacy of obtaining an injunction against named Gypsies or Travellers who, by the time proceedings have commenced, have left, and been replaced by another group, against whom the injunction has no effect.’

Full Story

UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

Supreme Court puts conditions on injunctions against travellers – OUT-LAW.com

Posted December 4th, 2023 in appeals, disclosure, injunctions, local government, news, Supreme Court, travellers by tracey

‘Local authorities in England seeking court injunctions to prohibit unauthorised encampments on land they own must disclose to the courts any arguments gypsies and travellers might raise in opposition to their applications, the UK Supreme Court has ruled.’

Full Story

OUT-LAW.com, 4th December 2023

Source: www.pinsentmasons.com

Sentencing for breach of an Anti-Social Behaviour Injunction – Becket Chambers

Posted November 21st, 2023 in anti-social behaviour, chambers articles, injunctions, news, sentencing by sally

‘Section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 provides the Court with the power to make an injunction (“ASBI”) if:

1. The Court is satisfied, on the balance of probabilities, that the Respondent has engaged in or threatened to engage in anti-social behaviour and

2. The Court considers it just and convenient to grant the injunction for the purpose of preventing the Respondent from engaging in anti-social behaviour.’

Full Story

Becket Chambers, 20th October 2023

Source: becket-chambers.co.uk

IBA 2023: Bar chair floats ‘ingenious’ plan to curb SLAPPs – Law Society’s Gazette

Posted November 3rd, 2023 in barristers, damages, disclosure, freedom of expression, injunctions, news by tracey

‘The chair of the Bar Council today proposed what eminent media lawyer Mark Stephens CBE hailed as an “ingenious” new deterrent to strategic litigation against public participation (SLAPPs).’

Full Story

Law Society's Gazette, 2nd November 2023

Source: www.lawgazette.co.uk

Bristol grandma among Just Stop Oil M25 activists spared jail – BBC News

‘A 76-year-old grandmother is among 12 activists spared jail for causing “massive disruption” on the M25.’

Full Story

BBC News, 31st October 2023

Source: www.bbc.co.uk

Animal Rising activist given suspended sentence for Derby course invasion – The Guardian

‘Ben Newman, a member of the activist group Animal Rising who ran on to the course at Epsom shortly after the start of the Derby, was sentenced to two months’ imprisonment, suspended for 18 months, for contempt of court on Wednesday after he admitted breaching an injunction granted to the Jockey Club in May to prevent disruption at the Derby meeting.;

Full Story

The Guardian, 11th October 2023

Source: www.theguardian.com

Expert evidence and fine margins in boundary disputes – Goodmans Autos Limited v Maverstone Properties Limited [2023] EWHC 1882 (KB) – Gatehouse Chambers

Posted October 10th, 2023 in boundaries, chambers articles, expert witnesses, injunctions, news, trespass by sally

‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’

Full Story

Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

Sanctioned company has “right to access courts”, appeal judges rule – Legal Futures

Posted October 10th, 2023 in brexit, costs, freezing injunctions, news, Russia, sanctions, stay of proceedings by sally

‘The Court of Appeal has rejected a Russian tycoon’s bid to stay an $850m claim brought against him by two Russian banks, despite one of them being sanctioned, citing the right to access the courts.’

Full Story

Legal Futures, 9th October 2023

Source: www.legalfutures.co.uk

Woman barred from removing body of partner from London funeral home – The Guardian

Posted September 7th, 2023 in bereavement, burials and cremation, families, injunctions, news by sally

‘A woman has been barred from removing the body of her partner from a funeral home after becoming embroiled in high court litigation with one of his relatives.’

Full Story

The Guardian, 6th September 2023

Source: www.theguardian.com

Applications for Anti-Social Behaviour Injunctions and Gang-Related Violence Injunctions – Local Government Lawyer

‘Richard Dewsbery reports on an important recent change to the Civil Procedure Rules that affects the N16A application form.’

Full Story

Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

Borough secures High Court injunction against several defendants over site where caravans are parked – Local Government Lawyer

Posted September 1st, 2023 in injunctions, local government, news, planning, travellers by sally

‘The High Court has granted Waverley Borough Council an injunction against most defendants in a case concerning caravans parked on a site without planning permission.’

Full Story

Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract. – Nearly Legal

Posted August 10th, 2023 in contracts, freezing injunctions, McKenzie friends, news, rent, repossession by tracey

‘Katrina McCarthy was apparently acting as a McKenzie Friend for a Notting Hill Genesis tenant. Notting Hill assert that in the course of “assisting” the tenant, Katrina McCarthy “induced the tenant to start paying his rent directly into her own bank account. She had represented to the tenant that she would then transfer the funds into a “court rent account” so that he could “offset” his rent whilst a disrepair dispute with Notting Hill was resolved.” ‘

Full Story

Nearly Legal, 9th August 2023

Source: nearlylegal.co.uk

Gangs and Anti-Social Behaviour Injunctions – Standard of Proof – St Ives Chambers

‘On 19 July 2023 the Supreme Court handed down judgment in the case of Jones v Birmingham City Council and another [2023] UKSC 27. The facts of the case involved allegations of gang related drug dealing activity which resulted in a without notice application for an injunction and power of arrest against Mr Jones and 17 others believed to be involved in a notorious Birmingham gang. Interim injunctions orders with powers of arrest were made pursuant to s34 Policing and Crime Act 2009 and Part 1 of the Anti Social Behaviour Crime and Policing Act 2014 and, in relation to Mr Jones specifically, a final injunction and power of arrest were made (pursuant to the 2009 Act only) which had the effect of prohibiting him from entering large parts of the city centre.’

Full Story

St Ives Chambers, 21st July 2023

Source: www.stiveschambers.co.uk