Japanese knotweed nuisance in the light of Waistell and Smith v Line – Hardwicke Chambers

Posted June 20th, 2018 in damages, injunctions, news, nuisance, railways, trees by sally

‘Two recent County Court decisions have grappled with the issue of Japanese knotweed (JK) in the context of private nuisance claims between neighbouring landowners. The first was the judgment of Mr Recorder Grubb in Cardiff in respect of two separate actions with a common defendant: Williams v Network Rail Infrastructure Ltd (B20YX969) and Waistell v Network Rail Infrastructure Ltd (B34YJ849) (together Waistell). Still more recent was the judgment of HHJ Carr in Truro in Smith and another v Line (CTR00216) (Smith v Line), which was widely reported, albeit not entirely accurately, in the broadsheet and tabloid newspapers at the time of the hearing.’

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Hardwicke Chambers, 11th May 2018

Source: www.hardwicke.co.uk

No joy for Joy: unlawful eviction, re-letting and damages in the Court of Appeal – Hardwicke Chambers

Posted June 18th, 2018 in damages, injunctions, landlord & tenant, married persons, news, trespass by sally

‘The Court of Appeal has provided some useful (and dare I venture to say, some not so useful) guidance on damages for unlawful eviction.’

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Hardwicke Chambers, 11th June 2018

Source: www.hardwicke.co.uk

Jerome Jones v Birmingham City Council – Arden Chambers

‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’

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Arden Chambers, 23rd May 2018

Source: www.ardenchambers.com

Limits on transparency in the family courts – Family Law

Posted June 12th, 2018 in disclosure, family courts, injunctions, media, news by sally

‘Family analysis: Following a judge’s decision in 2002 that a girl who was then two years old should live with her father and that the mother should not have direct access, the Family Division in Re G (A Child) [2018] EWHC 1301 (Fam), [2018] All ER (D) 148 (May) refused a recent application by the girl’s older half-brother for access to all the files in the 2002 proceedings, and also refused the mother’s application for the removal of the undertaking she had given the judge not to communicate with the media. Adam Wolanski, barrister, of 5RB, examines the issues.’

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Family Law, 11th June 2018

Source: www.familylaw.co.uk

Mother denied chance to take her case to ‘court of public opinion’ – Law Society’s Gazette

Posted May 31st, 2018 in care orders, families, family courts, injunctions, media, news by sally

‘Family Division president Sir James Munby, who has long argued for allowing the ‘glare of publicity’ in to family courts, says some cases should not be debated under the public gaze, as he denied a mother the chance to take her case to the ‘court of public opinion’.’

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Law Society's Gazette, 31st May 2018

Source: www.lawgazette.co.uk

Court of Appeal upholds Birmingham gang injunction – UK Human Rights Blog

Posted May 31st, 2018 in appeals, ASBOs, freedom of movement, gangs, injunctions, news, standard of proof by sally

‘The Court of Appeal has upheld a ‘gang injunction’ restricting the actions and movement of 18 members of a Birmingham gang. One of the men affected, Jerome Jones, unsuccessfully challenged the injunction, arguing that the proceedings by which it was made properly required proof to the criminal standard, and that the application of the civil standard violated his right to a fair trial under Article 6 ECHR.’

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UK Human Rights Blog, 31st May 2018

Source: ukhumanrightsblog.com

Cambridge City Council secures injunction on punt operators using its riverside land – Local Government Lawyer

Posted May 30th, 2018 in canals, injunctions, licensing, local government, news by sally

‘Cambridge City Council has secured an interim High Court injunction to ban unauthorised punt businesses from using council owned land along the middle river to access the River Cam.’

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Local Government Lawyer, 29th May 2018

Source: www.localgovernmentlawyer.co.uk

Birmingham man fails to overturn gang injunction – BBC News

Posted May 24th, 2018 in gangs, human rights, injunctions, local government, news by tracey

‘Gang injunctions that can ban individuals from towns and cities do not breach European human rights laws, a court has ruled. Appeal court judges made the ruling after a challenge by a 21-year-old who was made the subject of a Birmingham City Council banning order.’

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BBC News, 23rd May 2018

Source: www.bbc.co.uk

Delayed service sufficient to strike out freezing orders – OUT-LAW.com

Posted May 17th, 2018 in appeals, banking, delay, documents, freezing injunctions, news, striking out by tracey

‘The Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.’

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OUT-LAW.com, 16th May 2018

Source: www.out-law.com

Win (for now) for app developer against Google – UK Human Rights Blog

Posted May 14th, 2018 in electronic commerce, injunctions, internet, news by sally

‘Unlockd, an app developer, sought an interim injunction to prevent Google withdrawing its services. Roth J found that the balance of convenience was in the applicants’ favour. Their claim raised a serious issue to be tried and any action by Google to withdraw their platform would severely damage the applicants’ business. An interim injunction was granted.’

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UK Human Rights Blog, 11th May 2018

Source: ukhumanrightsblog.com

Jon Venables: Judge rules legal challenge against killer’s anonymity by James Bulger’s family cannot be granted in current form – The Independent

Posted May 4th, 2018 in anonymity, injunctions, murder, news by tracey

‘A judge has said he will not grant a legal challenge by relatives of murdered toddler James Bulger against an order protecting his killer’s identity in its current form.’

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The Independent, 3rd May 2018

Source: www.independent.co.uk

Jon Venables: James Bulger’s family launch legal challenge to lift anonymity order protecting toddler’s killer – The Independent

Posted May 1st, 2018 in anonymity, crime, injunctions, news, violent offenders by tracey

‘James Bulger’s family are launching a legal challenge to stop one the toddler’s killers, Jon Venables, from being protected by a life-long anonymity order.’

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The Independent, 1st May 2018

Source: www.independent.co.uk

Cash flow tensions in adjudication enforcement – Practical Law: Construction Blog

‘Much has been written about Fraser J’s judgment in Gosvenor London Ltd v Aygun Aluminium UK Ltd, with both Tim Sampson and Abdul Jinadu discussing various issues on this blog. What I thought was interesting about the judgment was how it illustrates the tension between adjudication and the principle embodied within it of keeping cash flowing, and how a successful challenge on enforcement may stop it. Ironically, this is often at a time when a party most needs cash to keep flowing.’

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Practical Law: Construction Blog, 24th April 2018

Source: constructionblog.practicallaw.com

Case Comment: JSC BTA Bank v Khrapunov [2018] UKSC 19 – UK Supreme Court Blog

‘Jessica Joel, trainee solicitor at CMS, considers the case of JSC BTA Bank v Khrapunov.;

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UK Supreme Court Blog, 13th April 2018

Source: ukscblog.com

Opelo Kgari: Government thwarted in second bid to deport woman brought to UK from Botswana – The Independent

Posted April 10th, 2018 in appeals, children, deportation, detention, immigration, injunctions, news by tracey

‘The government has been thwarted in its second attempt to deport a woman who came to the UK from Botswana when she was 13 years old.’

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The Independent, 10th April 2018

Source: www.independent.co.uk

5RB Podcasts on Interim Injunctions – 5RB

Posted March 16th, 2018 in injunctions, news, podcasts by sally

‘Desmond Browne QC moderates a discussion with Alex Marzec and Adam Speker on Interim Injunctions. In Part One they explore how to seek and defend an interim injunction application up to the hearing. In Part Two, they examine what happens at the hearing and beyond.’

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5RB, 10th March 2018

Source: www.5rb.com

Noisy neighbours must pay banker £100,000 in compensation because their floors had no carpet, judge rules – Daily Telegraph

Posted March 7th, 2018 in compensation, contracts, injunctions, news, noise, nuisance by sally

‘The noisy neighbours of a banker must pay her £100,000 in compensation because their floors had no carpet, a judge has ruled.’

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Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Transport secretary wins injunction to stop HS2 protesters – The Guardian

Posted February 20th, 2018 in demonstrations, injunctions, news, public order, railways by sally

‘The transport secretary, Chris Grayling, has been granted an injunction banning campaigners opposed to the construction of the HS2 line on an area of ancient woodland in west London from “unlawful protest” on the site.’

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The Guardian, 19th February 2018

Source: www.theguardian.com

“Regretful” Court of Appeal rejects media firm’s bid to recover huge costs bill – Litigation Futures

Posted February 9th, 2018 in costs, fees, injunctions, legal services, news by tracey

‘The Court of Appeal has upheld a decision that a leading media law firm could not recover hundreds of thousands of pounds in costs because its conditional fee agreement (CFA) did not cover much of the work it undertook.’

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Litigation Futures, 8th February 2018

Source: www.litigationfutures.com

Non-molestation: a definition for 2018? – Family Law

Posted February 9th, 2018 in child abuse, domestic violence, family courts, injunctions, news by tracey

‘What is “non-molestation”? How do family courts, by order, deal with “molestation”, as it is now defined in law? What is “domestic violence” or (if different) “domestic abuse”? Each of these different terms crop up in different legal contexts; and – absurdly, it may be thought – each may mean something slightly different according to context.’

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Family Law, 8th February 2018

Source: www.familylaw.co.uk