injunctions – Current Awareness

Restraining Presentation or Advertisement of a Creditor’s Winding Up Petition – 33 Bedford Row

Posted February 20th, 2020 in abuse of process, chambers articles, injunctions, news, notification, winding up by sally

‘Widespread knowledge that a company is subject to a creditor’s winding up petition can cause that company serious harm. Where the creditor’s winding up petition is warranted, this harm may just be an unfortunate consequence of a valid legal process being pursued against it. However, where the creditor’s winding up petition is unwarranted, and is eventually dismissed because it is unwarranted, its dismissal will be ‘cold comfort’ to the company where, in the intervening period between presentation and dismissal, the company has suffered irreparable reputational and operational damage.’

33 Bedford Row, 4th February 2020

Source: www.33bedfordrow.co.uk

Court of Appeal provides guidance on “borough-wide” injunctions – No. 5 Chambers

Posted February 19th, 2020 in appeals, equality, housing, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘Bromley LBC had secured a without notice interim injunction in the High Court which prohibited encampment and entry/occupation in relation to all accessible public spaces in the Borough except cemeteries and highways. These amounted to 139 parks, recreation grounds or open spaces, and 32 public car parks. Although the injunction was against “persons unknown”, it was widely understood that the injunction was aimed at the Gypsy and Traveller community.’

No. 5 Chambers, 12th February 2020

Source: www.no5.com

Adjacent flats: a new installation for Tate Modern? – UK Human Rights Blog

Posted February 14th, 2020 in appeals, housing, injunctions, news, nuisance, planning by sally

‘The Court of Appeal has just dismissed the actions in nuisance by residents of flats adjacent to the the Tate Modern art gallery on the south bank of the River Thames in central London. (Disclaimer: the author of this post has just moved into an apartment in the area but has no association with the flats or the residents central to this appeal.)’

UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Tate Modern privacy row residents dealt legal blow – BBC News

Posted February 13th, 2020 in appeals, injunctions, news, nuisance, privacy by tracey

‘Flat owners overlooked by Tate Modern visitors on a viewing platform have been dealt a legal blow in a row over their privacy. Residents of Neo Bankside want to stop “hundreds of thousands of visitors” watching them from the platform. But the Court of Appeal has dismissed their claim to privacy saying they should “lower their solar blinds”.’

BBC News, 12th February 2020

Source: www.bbc.co.uk

Green Space borough-wide preventative injunctions: the view from the Court of Appeal – Local Government Lawyer

Posted February 7th, 2020 in appeals, environmental protection, equality, human rights, injunctions, local government, news, travellers, waste by tracey

‘Steven Woolf examines the Court of Appeal’s recent decision and guidance on Green Space borough-wide preventative injunctions.’

Local Government Lawyer, 7th February 2020

Source: www.localgovernmentlawyer.co.uk

Property Newsletter: January 2020 – Hardwicke Chambers

Posted February 6th, 2020 in chambers articles, injunctions, landlord & tenant, news, travellers by sally

‘In this month’s newsletter Daniel Gatty considers airspace, subsoil and rights of first refusal, in an article in part taken from his recent book, A Practical Guide to Rights over Airspace and Subsoil, available to purchase: here.’

Hardwicke Chambers, January 2020

Source: hardwicke.co.uk

Landmark Court of Appeal judgment criticises the use of wide injunctions which target Gypsy and Traveller encampments – Garden Court Chambers

Posted January 30th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘The Court of Appeal handed down a very significant judgment, dismissing an appeal by Bromley Council against the High Court’s decision to refuse the Council’s application for an injunction against “persons unknown” stopping on public land in the Borough.’

Garden Court Chambers, 21st January 2020

Source: www.gardencourtchambers.co.uk

Green Space Borough-Wide Preventative Injunctions: The Final Stage? – Hardwicke Chambers

Posted January 28th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘Steven Woolf examines the decision in London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12.’

Hardwicke Chambers, 22nd January 2020

Source: hardwicke.co.uk

Court of Appeal upholds the right to roam of Romany and Travellers – UK Human Rights Blog

Posted January 28th, 2020 in housing, injunctions, local government, minorities, news, travellers by tracey

‘The Court of Appeal, in The Mayor and Burgesses of the London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12, has delivered a unanimous judgment reaffirming the rights of the Romany (“Gypsy”) and Traveller community to live in accordance with their traditional, nomadic way of life.’

UK Human Rights Blog, 27th January 2020

Source: ukhumanrightsblog.com

Gypsies and Travellers – time for a rethink – Nearly Legal

Posted January 27th, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, trespass by sally

‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’

Nearly Legal, 26th January 2020

Source: nearlylegal.co.uk

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments – Local Government Lawyer

Posted January 22nd, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’

Local Government Lawyer, 21st January 2020

Source: www.localgovernmentlawyer.co.uk

The Stalking Protection Order – 25 Bedford Row

Posted January 22nd, 2020 in harassment, injunctions, news, police, stalking, victims by sally

‘Stalking has become a serious infringement of the lives of both women, men, young girls and boys. One in five women and one in ten men are likely to be victims in their lifetime and the prosecution for stalking offences demonstrates a rising trend in offending.’

25 Bedford Row, 20th January 2020

Source: www.25bedfordrow.com

‘Victory’ For Traveller Communities Against Blanket Council Bans – Each Other

Posted January 22nd, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘Local authorities who attempt to ban Travellers and Gypsies from vast swathes of public land risk breaching their “enshrined freedom” to roam the country, a court has ruled.’

Each Other, 21st January 2020

Source: eachother.org.uk

Case of the Cat groomer: Chelsea Flower show winner taken to court by neighbours after she ‘adopted’ their cat – Daily Telegraph

Posted January 17th, 2020 in animals, injunctions, news by tracey

‘A Chelsea Flower Show winner was taken to court by her neighbours after being accused of adopting their pet cat by changing its collar, taking it to the vets and letting it into her house.’

Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

Circuit judge wins online harassment injunction – Legal Futures

Posted December 12th, 2019 in harassment, injunctions, internet, judges, litigants in person, news, vexatious litigants by tracey

‘A circuit judge has won an injunction against a disgruntled litigant in person who created a website to attack him and his family, and had thrown out as vexatious an attempt to counter-claim.’

Legal Futures, 12th December 2019

Source: www.legalfutures.co.uk

News Judge wins harassment order against LiP with ‘vendetta’ – Law Society’s Gazette

Posted December 11th, 2019 in harassment, injunctions, internet, judges, litigants in person, news by tracey

‘A circuit judge has secured an injunction against a disgruntled litigant in person who pursued a vendetta against him following an adverse ruling.’

Law Society's Gazette, 10th December 2019

Source: www.lawgazette.co.uk

Councils Appeal High Court Ruling On Traveller Ban – Rights Info

Posted December 5th, 2019 in appeals, equality, human rights, injunctions, local government, news, race discrimination, travellers by sally

‘The Court of Appeal has heard a landmark case which could have wide-ranging implications on whether local authorities can use injunctions to place a blanket ban on Travellers camping on public land.’

Rights Info, 4th December 2019

Source: rightsinfo.org

Education, street protests and injunctions: Afsar – Law & Religion UK

Posted December 2nd, 2019 in demonstrations, education, homosexuality, human rights, injunctions, news, parental rights, school children by tracey

‘Birmingham City Council v Afsar & Ors [2019] EWHC 3217 (QB) was a claim by the Council for injunctions to restrict street protests about Anderton Park Infant and Junior School and to prohibit online abuse of teachers at that school.’

Law & Religion UK, 2nd December 2019

Source: www.lawandreligionuk.com

Birmingham anti-LGBT school protesters had ‘misinterpreted’ teachings, judge says – The Guardian

Posted November 27th, 2019 in demonstrations, equality, homosexuality, injunctions, Islam, news, school children by sally

‘A high court judge has said activists protesting against LGBT equality lessons had “grossly misrepresented” what was being taught to children as he ruled that they would be permanently banned from demonstrating directly outside a Birmingham primary school.’

The Guardian, 26th November 2019

Source: www.theguardian.com

Non-compete Covenants and the Balance of Convenience: Affinity Workforce Solutions Ltd v McCann – Blackstone Chambers

Posted November 20th, 2019 in competition, covenants, injunctions, news, restrictive covenants, undertakings by sally

‘The High Court recently refused to grant an interim injunction in support of an alleged non-compete covenant, in particular because of the initial approach taken by the employer upon finding out the employees were working for a competitor.’

Blackstone Chambers, 18th November 2019

Source: www.employeecompetition.com

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