Abbey Forwarding Ltd (in liquidation) and another v Hone and others (No 3) – WLR Daily

Posted May 29th, 2014 in appeals, damages, freezing injunctions, injunctions, law reports by michael

Abbey Forwarding Ltd (in liquidation) and another v Hone and others (No 3) [2014] EWCA Civ 711;  [2014] WLR (D)  236

‘When determining questions of compensation for loss arising as a result of a freezing order and the undertaking in damages therein, the correct approach was that the remote consequences of obtaining an injunction were not to be taken into account in assessing damages but that logical and sensible adjustments might well be required simply because the court was not awarding damages for breach of contract but was compensating for loss caused by the injunction which was wrongly granted.’

WLR Daily, 23rd May 2014

Source: www.iclr.org.uk

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Badger cull injunction breach case dropped – BBC News

Posted May 29th, 2014 in animals, demonstrations, environmental health, injunctions, news, prosecutions by michael

‘The case against the only person accused of breaching last year’s badger cull injunction has been dropped.’

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BBC News, 29th May 2014

Source: www.bbc.co.uk

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JSC BTA Bank v Ablyazov and others (No 11) – WLR Daily

JSC BTA Bank v Ablyazov and others (No 11) [2014] EWCA Civ 602;  [2014] WLR (D)  221

‘Where non-parties resident outside the jurisdiction applied for removal of an asset from the scope of freezing and associated orders, the court had jurisdiction to order the trial of an issue as to whether they owned the asset as claimed, but not as to whether they had colluded in breach of the orders, without steps being taken to establish extra-territorial jurisdiction in reliance on paragraph 3.1 of CPR Practice Direction 6B.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

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Newham London Borough Council v Ali and others – WLR Daily

Posted May 29th, 2014 in appeals, injunctions, law reports, local government, planning by michael

Newham London Borough Council v Ali and others [2014] EWCA Civ 676;  [2014] WLR (D)  223

‘A substantial breach of a planning obligation under section 106 of the Town and Country Planning Act 1990 would normally justify the grant of an injunction sought pursuant to section 106(5) unless relief ought to be withheld on equitable principles because of the local planning authority’s actions. The existence of an outstanding planning appeal would generally be irrelevant to whether an injunction should be granted, but the judge nevertheless had the power to suspend the injunction where it was fair, just and reasonable to do so.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

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Lakatamia Shipping Co Ltd v Su and others – WLR Daily

Lakatamia Shipping Co Ltd v Su and others [2014] EWCA Civ 636; [2014] WLR (D) 216

‘The assets of a company whose shares were entirely owned by a defendant to a standard form freezing order were not assets of the defendant, for the purposes of the order. However, since such a freezing order restrained the defendant from diminishing the value of any of his assets, which included his shareholding in such a company, it would restrain him from procuring the company to make a disposition of its assets likely to result in such a diminution.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

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Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily

Posted May 22nd, 2014 in appeals, banking, injunctions, jurisdiction, law reports by sally

Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another [2014] EWCA Civ 593; [2014] WLR (D) 215

‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

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No damages for the solicitor whose private information was misused by a prostitute whom he’d short changed – RPC Privacy Law

‘In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim, it declined to award any damages but did grant him an injunction.’

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RPC Privacy Law, 21st May 2014

Source: www.rpc.co.uk

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Bank St Petersburg OJSC and another v Arkhangelsky and another; Arkhangelsky and others v Bank St Petersburg OJSC and another – WLR Daily

Posted May 21st, 2014 in appeals, enforcement, injunctions, jurisdiction, law reports by tracey

Bank St Petersburg OJSC and another v Arkhangelsky and another: Arkhangelsky and others v Bank St Petersburg OJSC and another: [2014] EWCA Civ 593; [2014] WLR (D) 215

‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction. The Court of Appeal so held when, inter alia, allowing the appeal of the defendants in the first case, Vitaly Arkhangelsky and Julia Arkhangelskaya, and the Part 20 claimant, Oslo Marine Group Ports LLC, against the refusal by Hildyard J, sitting in the Chancery Division on 14 November 2013 [2013] EWHC 3529 (Ch); [2013] CN 1773, to grant a world-wide anti-enforcement injunction, leaving the first claimant in the first case, Bank St Petersburg OJSC, free to execute on certain judgments it had obtained in Russia wherever assets could be found. The judge held, inter alia, that any such injunction would appear to be an infringement of the sovereignty of the states where enforcement was taking place.’

WLR Daily, 14th May 2014

Source: www.iclr.co.uk

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Appeal court sets aside £186k professional negligence claim – Law Society’s Gazette

‘A Devon firm has won an appeal against a £186,000 damages award for professional negligence following a conveyancing row with a former client.’

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Law Society’s Gazette, 20th May 2014

Source: www.lawgazette.co.uk

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The Anti-Social Behaviour, Crime & Policing Act 2014 – Hardwicke Chambers

Posted May 12th, 2014 in ASBOs, enforcement, housing, injunctions, local government, news, repossession by sally

‘This briefing note seeks to explain the main changes to anti-social behaviour injunctions (ASBIs), anti-social behaviour orders (ASBOs), possession claims relating to anti-social behaviour under the Housing Acts of 1985 and 1988, and related remedies brought in by Parts 1 to 6 of the Act1 as far as they concern local housing authorities (LHAs) and private registered providers (PRPs).’

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Hardwicke Chambers, 8th April 2014

Source: www.hardwicke.co.uk

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High Court injunction stops committee from hearing village green application – Local Government Lawyer

Posted April 25th, 2014 in commons, injunctions, local government, news by sally

‘A landowner has secured an injunction preventing a county council – in its role as a commons registration authority – from convening a committee of its councillors to hear an application to register land as a village green.’

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Local Government Lawyer, 25th April 2014

Source: www.localgovernmentlawyer.co.uk

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Fiddler under the roof – NearlyLegal

Posted April 22nd, 2014 in appeals, damages, housing, injunctions, leases, news by sally

‘A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above.’

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NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

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“Please Sir I Want Some More” – Family Law Week

Posted April 11th, 2014 in divorce, foreign jurisdictions, injunctions, news by sally

‘Sarah Lucy Cooper, barrister of Thomas More Chambers, examines the law on anti-suit injunctions and their role in financial remedies cases where one party seeks to pursue claims in another jurisdiction despite a final order having been made in this jurisdiction.’

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Family Law Week, 9th April 2014

Source: www.familylawweek.co.uk

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Panorama bailiffs investigation to be aired after high court bid fails – The Guardian

Posted April 8th, 2014 in bailiffs, BBC, debts, injunctions, media, news by sally

‘The bailiff and star of BBC show The Enforcers has failed in a high court bid to stop a John Sweeney Panorama investigation into debt recovery being broadcast.’

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The Guardian, 7th April 2014

Source: www.guardian.co.uk

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Domestic violence victims helped as injunction fees are scrapped – Ministry of Justice

Posted April 2nd, 2014 in civil justice, consultations, domestic violence, fees, injunctions, news by sally

‘Vulnerable domestic abuse victims will be helped by the scrapping of fees for domestic violence injunctions, Courts Minister Shailesh Vara has announced.’

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Ministry of Justice, 1st April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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English courts will not generally interfere with court proceedings in Brussels Regulation member states, expert says – OUT-LAW.com

Posted March 27th, 2014 in abuse of process, courts, foreign jurisdictions, injunctions, news by tracey

‘A recent High Court decision shows that courts in England will not usually interfere with litigation taking place in other countries that are signatories to the Brussels Regulation, an expert has said.’

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OUT-LAW.com, 27th March 2014

Source: www.out-law.com

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The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

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Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk

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Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

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Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

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Supreme Court brings private nuisance into the 21st century – UK Human Rights Blog

Posted March 4th, 2014 in damages, injunctions, news, noise, nuisance, planning, public interest, Supreme Court by sally

‘The law of private nuisance is the way of balancing the rights of neighours, the right to be noisy or smelly, and to be free of noise or smells. Hitherto it is has been explicitly a private law remedy, and has slightly odd rules. But it has been struggling with public interests for some years; are they irrelevant, or can they carry the day for claimant or defendant in a private nuisance claim?’

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UK Human Rights Blog, 3rd March 2014

Source: www.ukhumanrightsblog.com

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Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Posted March 3rd, 2014 in appeals, damages, injunctions, law reports, noise, nuisance, planning, Supreme Court by sally

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 (YouTube)

Supreme Court, 26th February 2014

Source: www.youtube.com/user/UKSupremeCourt

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