R (James) v HM Prison Birmingham and others – WLR Daily

R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59

‘There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.’

WLR Daily, 9th February 2015

Source: www.iclr.co.uk

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Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners – WLR Daily

Posted February 11th, 2015 in damages, injunctions, law reports, liquidators, winding up by sally

Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners [2015] EWHC 225 (Ch); [2015] WLR (D) 53

‘The undertaking in damages given on the appointment of a provisional liquidator did not automatically terminate on the making of a winding up order so as to deprive the court of jurisdiction to enforce the undertaking by ordering an inquiry as to damages.’

WLR Daily, 6th February 2015

Source: www.iclr.co.uk

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CAT power to issue cost-capped injunctions will improve competition law enforcement, says expert – OUT-LAW.com

Posted January 27th, 2015 in appeals, bills, competition, costs, injunctions, news, small businesses, tribunals by sally

‘FOCUS: Proposed changes to the workings of the Competition Appeals Tribunal (CAT) will make it more likely that competition law is enforced and will give some smaller companies a boost in pursuing competition claims.’

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OUT-LAW.com, 23rd January 2015

Source: www.out-law.com

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Attempt to ban performing artist’s abuse memoir ‘threatens free speech’ – The Guardian

Posted January 20th, 2015 in appeals, freedom of expression, injunctions, news, publishing, Supreme Court by sally

‘An attempt to prevent a performing artist from publishing his memoir on the grounds that its contents would be distressing for his son to read has opened up “a new, substantial and unpredictable threat to freedom of expression”, lawyers representing free speech campaigners have told the UK supreme court.’

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The Guardian, 19th January 2015

Source: www.guardian.co.uk

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Grime Rap ‘Gangbo’ appeal fails in High Court – Diarmuid Laffan – UK Human Rights Blog

Posted January 19th, 2015 in appeals, bills, gangs, human rights, injunctions, interpretation, news, police by tracey

‘Chief Constable of the Greater Manchester Police v Scott Calder [2015]. The Greater Manchester Police (‘GMP’) have been unsuccessful in an attempt to obtain an Injunction to Prevent Gang-Related Violence (“IPGV” or “Gangbo”) against Scott Calder. The application was based on police intelligence and the lyrics of Mr Calder’s YouTube Grime Rap videos. On 14 January 2015, Mr Justice Blake dismissed the GMP’s appeal to the High Court, and in doing so laid out guidance on the purpose and ambit of the IPGV legislation, which is currently being substantially amended by Parliament.’

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UK Human Rights Blog, 19th January 2015

Source: www.ukhumanrightsblog.com

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Stop in the Name of Love! The New EU Regulation 606/2013 on Protection Measures – Family Law Week

Posted January 16th, 2015 in children, confidentiality, EC law, families, harassment, injunctions, news by sally

‘Sarah Lucy Cooper, barrister of Thomas More Chambers, explains the details and effect of this recently implemented EU personal protection law.’

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Family Law Week, 15th January 2015

Source: www.familylawweek.co.uk

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Law Society wins groundbreaking injunction against struck-off solicitor – Legal Futures

Posted January 16th, 2015 in disciplinary procedures, injunctions, Law Society, news, solicitors by sally

‘The Law Society has obtained a groundbreaking injunction that prevents a struck-off solicitor from holding himself out as a solicitor or being involved in a law firm without its approval.’

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Legal Futures, 16th January 2015

Source: www.legalfutures.co.uk

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Law Society of England and Wales v Shah – WLR Daily

Posted January 15th, 2015 in disciplinary procedures, injunctions, law reports, Law Society, solicitors by sally

Law Society of England and Wales v Shah [2014] EWHC 4382 (Ch); [2015] WLR (D) 5

‘The supervisory jurisdiction embodied in section 50 of the Solicitors Act 1974 could not be invoked by the Law Society in the case of a solicitor who may have pretended to be one, but who had not necessarily done so, who denied doing so, and had not been cross-examined on the issue. Section 41(4)(c) of the 1974 Act was wide enough to enable the court to grant an order against a struck off former solicitor, which could be framed so as to restrain him from committing criminal acts, namely that of acting as a solicitor when disqualified, or carrying on a reserved legal activity without entitlement to do so.’

WLR Daily, 12th January 2015

Source: www.iclr.co.uk

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Alternative Power Solution Ltd v Central Electricity Board and another – WLR Daily

Posted January 14th, 2015 in fraud, injunctions, law reports, letters of credit, Privy Council by tracey

Alternative Power Solution Ltd v Central Electricity Board and another; [2014] UKPC 31; [2015] WLR (D) 3

‘The test for the grant of an interlocutory injunction to prevent payment under an irrevocable letter of credit on the grounds of fraud was whether it was seriously arguable that, on the material available, the only realistic inference was that (i) the beneficiary could not honestly have believed in the validity of its demands under the letter of credit, and (ii) the bank had been aware of such fraud.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

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Neuberger and Dyson to head seven-judge panel for Coventry – Litigation Futures

Posted January 12th, 2015 in appeals, banking, child abuse, costs, fees, fraud, human rights, injunctions, news, Supreme Court by sally

‘The president of the Supreme Court, Lord Neuberger, and Lord Dyson, the Master of the Rolls, will head a seven-judge panel for the eagerly awaited Coventry costs hearing on 9 February, it has been announced.’

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Litigation Futures, 9th January 2015

Source: www.litigationfutures.com

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A landmark decision for brand owners: Court rules ISP blocking orders extend to trademark rights – RPC IP Hub

‘The High Court has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont’s trade mark rights. This was the first time that such a blocking order had been sought against ISPs on the basis of trade mark infringement anywhere in the EU (other than, perhaps, in the Danish case of Home v Telenor).’

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RPC IP Hub, 8th January 2015

Source: www.rpc.co.uk

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Injunctions against ISPs Part VIII: Cartier International AG and Others v British Sky Broadcasting Ltd and Others – NIPC Law

‘In Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2014] EWHC 3354 (Ch), [2014] WLR(D) 464 three of the subsidiaries of Compagnie Financière Richemont SA applied to Mr Justice Arnold for injunctions against the five largest internet service providers.’

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NIPC Law, 6th January 2015

Source: www.nipclaw.blogspot.co.uk

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Using the Inherent Jurisdiction to Disrupt Child Sexual Exploitation – Family Law Week

Posted January 7th, 2015 in children, injunctions, news, sexual grooming, sexual offences, victims, young persons by tracey

‘Heather Popley, barrister of No 5 Chambers, examines the innovative use of civil injunctions in the recent Birmingham case.’

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Family Law Week, 30th December 2015

Source: www.familylawweek.co.uk

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QRS v Beach and another – WLR Daily

Posted December 19th, 2014 in civil procedure rules, default judgments, injunctions, law reports by sally

QRS v Beach and another [2014] EWHC 4189 (QB); [2014] WLR (D) 542

‘In the context of CPR Pts 12 and 13 the term “judgment” was to be read as including any order made by the court when it entered default judgment.’

WLR Daily, 11th December 2014

Source: www.iclr.co.uk

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Father treated ‘like Kafka character’ by Family Court – top judge – Daily Telegraph

Posted December 16th, 2014 in case management, family courts, injunctions, legal representation, news, notification by tracey

‘A father who was banned from his own street, cut off from his children for five months, with no opportunity to defend himself, and then arrested for text messaging his son, was treated like a character from a Kafka novel, a senior judge has admitted.’

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Daily Telegraph, 15th December 2015

Source: www.telegraph.co.uk

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Solicitors From Hell founder wins surprise High Court victory – Legal Futures

Posted December 15th, 2014 in harassment, injunctions, law firms, news, solicitors by tracey

‘He has been sued 18 times in relation to the website he founded, and lost each time, but now Rick Kordowski, the man behind SolicitorsFromHell.co.uk, has recorded an unexpected High Court win.’

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Legal Futures, 15th December 2014

Source: www.legalfutures.co.uk

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Krys and another v Stichting Shell Pensioenfonds – WLR Daily

Posted December 8th, 2014 in foreign jurisdictions, injunctions, insolvency, law reports, liquidators by sally

Krys and another v Stichting Shell Pensioenfonds [2014] UKPC 41; [2014] WLR (D) 516

‘There is no principle in insolvency proceedings which prevents an anti-suit injunction being made against a foreign creditor so as to restrain him from resorting to the courts of his own country. A creditor may not seek or enforce an order from a foreign court which will result in his enjoying prior access to any part of the insolvent estate.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

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Inherently Uncertain: Is there authority for that? Questions over Birmingham’s Grooming Injunctions – UK Human Rights Blog

Posted December 2nd, 2014 in children, injunctions, news, sexual grooming, social services by sally

‘Over the last month Mr Justice Keehan has made a series of injunctions at the behest of Birmingham City Council designed to protect a vulnerable child in care from being groomed. It seems that the Orders are of such breadth that they are believed to have entered uncharted territory but there are questions whether there is any authority for this development.’

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UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

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Supreme Court agrees to hear case on breach of unless order – Litigation Futures

‘The Supreme Court is to consider the consequences of failing to comply with an unless order for a second time, it has emerged.’

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Litigation Futures, 28th November 2014

Source: www.litigationfutures.com

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Let Me Stop You There… The test for lifting injunctions in public procurement challenges – Hardwicke Chambers

Posted November 27th, 2014 in advertising, EC law, injunctions, news, public procurement, regulations, tenders by sally

‘If you’ve seen an advert in the last few years warning you to submit your tax return on time, telling you not to drink and drive, or asking you to consider joining the armed forces, chances are that the company responsible was Group M UK Limited. That company has been at the heart of an important recent case concerning the test for lifting suspensions of contracts in public procurement challenges.’

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Hardwicke Chambers, 21st November 2014

Source: www.hardwicke.co.uk

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