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.’

Full story

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.’

Full story

Hardwicke Chambers, 21st November 2014

Source: www.hardwicke.co.uk

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Enforcement of Standard Essential Patents and Abuse of a Dominant Position – Zenith Chambers

Posted November 27th, 2014 in EC law, enforcement, injunctions, news, patents by sally

‘Advocate General Wathelet has delivered his opinion on a reference from the Regional Court of
Dusseldorf for a preliminary ruling on issues concerning the application of Article 102 TFEU to the
enforcement of standard essential patents (SEPs) using injunctions. The opinion, if followed by the
Court of Justice, will be important for future patent litigation and commercial negotiations over the
enforcement of SEPs.’

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Zenith Chambers, 21st November 2014

Source: www.zenithchambers.co.uk

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Birmingham ‘exploitation’ order: Two more men banned – BBC News

Posted November 21st, 2014 in burden of proof, child abuse, injunctions, local government, news, sexual grooming by tracey

‘Two more men have been banned from contact with young girls in an “innovative” High Court case to prevent child sexual exploitation.’

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BBC News, 20th November 2014

Source: www.bbc.co.uk

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Birmingham men banned from approaching girls are named – Daily Telegraph

Posted November 20th, 2014 in anonymity, children, injunctions, news, sexual grooming by tracey

‘A High Court judge has ruled that three men who are legally banned from approaching young girls following the alleged sexual exploitation of a child can be named following criticism that anonymity orders could harm the justice process.’

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Daily Telegraph, 19th November 2014

Source: www.telegraph.co.uk

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Fortification Fortified: The Court Of Appeal’s Decision In EVP Ltd V Malabu Oil And Gas – Littleton Chambers

Posted November 18th, 2014 in appeals, damages, injunctions, news by sally

‘Grahame Anderson discusses the recent Court of Appeal decision in Energy Venture Partners Limited v Malabu Oil and Gas Limited [2014] EWCA Civ 1295 (9 October 2014).’

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Littleton Chambers, 17th October 2014

Source: www.littletonchambers.com

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Council seeks to protect vulnerable children with ‘novel’ legal action – The Guardian

Posted November 18th, 2014 in children, injunctions, local government, news, social services by sally

‘Social services bosses in Birmingham say they are taking innovative legal action in an effort to protect vulnerable children who may be victims of sexual exploitation.’

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The Guardian, 17th November 2014

Source: www.guardian.co.uk

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Keyword confusion – Interflora v Marks & Spencer sent for retrial – Technology Law Update

Posted November 17th, 2014 in advertising, appeals, injunctions, internet, news, statistics, trade marks by sally

‘Online retailing is growing fast. Research suggests that it makes up over 12% of UK retail sales, with the US and Germany close behind. Many of the advertising and promotional techniques used in e-commerce are necessarily different from those deployed in more traditional sales methods. One of the techniques currently popular is the use of keyword advertising such as Google’s AdWords.’

Full story

Technology Law Update, 12th November 2014

Source: www.technology-law-blog.co.uk

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‘Fake sheikh’ fails in bid to stop Panorama revealing appearance

Posted November 11th, 2014 in appeals, BBC, injunctions, media, news, privacy by michael

‘The “fake sheikh” journalist Mazher Mahmood has failed in an appeal to the high court to prevent BBC1’s Panorama from revealing his appearance.’

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The Guardian, 10th November 2014

Source: www.guardian.co.uk

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Fake sheikh’ fails to prevent Panorama exposure of his appearance – The Guardian

Posted November 7th, 2014 in injunctions, media, news, perjury by tracey

‘Lawyers for the “fake sheikh” journalist, Mazher Mahmood, have failed to win a high court injunction preventing a documentary from revealing his appearance.’

Full story

The Guardian, 7th November 2014

Source: www.guardian.co.uk

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