Housing in Lockdown: Avoid the pause button – St Ives Chambers

‘A review of the number ways Covid-19 can effect the progression and outcome of housing cases and how practitioners can continue to engage in effective case management during this challenging period.’

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St Ives Chambers, 19th May 2020

Source: www.stiveschambers.co.uk

Suspect under investigation has reasonable expectation of privacy, CoA rules – Law Society’s Gazette

‘Individuals under investigation by law enforcement bodies have a reasonable expectation of privacy up to the point they are charged, the Court of Appeal has confirmed. Dismissing an appeal by a news agency barred from revealing the identity of a US businessman identified in documents concerning a bribery probe, the court ruled that the fact that an individual is the subject of a criminal investigation is genuinely of a different character from allegations about the conduct being investigated.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

ZXC v Bloomberg: privacy expectations about criminal investigations – Panopticon

‘The Court of Appeal has today given judgment in the long-running ZXC v Bloomberg litigation ([2020] EWCA Civ 611). The key points:

1. In general, a person does have a reasonable expectation of privacy about the fact that/details of their being subject to a police investigation, up to the point of charge.
2. Reporting about alleged conduct is different from reporting about a criminal investigation into that conduct.’

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Panopticon, 15th May 2020

Source: panopticonblog.com

Injunction to prevent a breach of mutual trust and confidence: Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB) – 3PB

‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’

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3PB, 1st May 2020

Source: www.3pb.co.uk

Interim injunctions against persons unknown – Law Society’s Gazette

Posted May 14th, 2020 in anonymity, injunctions, local government, news, travellers by sally

‘As George Harrison once sang: ‘All things must pass.’ So while protesters, trespassers and others may now be quietly isolated (keyboard activism apart), normal life will eventually resume – and with it will come the need to restrain any unlawful or other anti-social behaviour.’

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Law Society's Gazette, 11th May 2020

Source: www.lawgazette.co.uk

School fails in Court of Appeal bid to have Ofsted report quashed – Local Government Lawyer

Posted May 12th, 2020 in education, injunctions, judicial review, news, reports by sally

‘The Court of Appeal has dismissed a bid by a state-funded secondary school in the north of England to have an adverse Ofsted report quashed.’

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Local Government Lawyer, 11th May 2020

Source: www.localgovernmentlawyer.co.uk

Injuncting OFSTED reports – Court of Appeal maintains heightened hurdle test – Education Blog

Posted May 12th, 2020 in education, injunctions, judicial review, news, reports by sally

‘The normal Cyanamid test for granting an interim injunction is whether there is a serious issue to be tried; if so, whether damages would be a sufficient remedy; and if not, where the balance of convenience (or balance of injustice) lies. Sometimes these stages, particularly the last two, get compressed together.’

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Education Blog, 9th May 2020

Source: education11kbw.com

Court of Appeal upholds law firm’s Chinese wall – Legal Futures

Posted May 12th, 2020 in fiduciary duty, injunctions, law firms, news by sally

‘A law firm acting for different defendants against the same claimant did not owe that claimant a true fiduciary duty, and so did not have to prove its Chinese Wall worked, the Court of Appeal has ruled.’

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Legal Futures, 11th May 2020

Source: www.legalfutures.co.uk

“Almost as of course”? Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB – Falcon Chambers

‘The current coronavirus crisis has paralysed possession proceedings, by means of the general stay imposed by paragraph 2 of the new practice direction PD51Z. The decision in University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which Chamberlain J granted an injunction requiring a hospital inpatient to vacate her ward, therefore sparked surprise and comment.’

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Falcon Chambers, 23rd April 2020

Source: www.falcon-chambers.com

Court of Protection has power to grant injunctive relief, judge rules – Local Government Lawyer

Posted May 5th, 2020 in Court of Protection, injunctions, news by sally

‘The Court of Protection has the power to grant injunctive relief in support of and to ensure compliance with its best interests decisions and its orders, a judge has concluded.’

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Local Government Lawyer, 4th May 2020

Source: www.localgovernmentlawyer.co.uk

Is there property in an (expert) witness? (A company v X and others) – Hardwicke Chambers

Posted April 22nd, 2020 in chambers articles, expert witnesses, fiduciary duty, injunctions, news by sally

‘A company v X and others [2020] EWHC 809 (TCC): At the return date hearing of an ex parte injunction, the court was required to consider whether the general principle that there is no property in a witness applied to expert witnesses. That question was dependent on whether an expert witness owed a specific fiduciary duty of undivided loyalty to the instructing client. The court decided that this was a case where a fiduciary duty was owed, that the duty of undivided loyalty extended to the experts’ group companies, and there was a potential conflict of interest. The injunction was maintained pending trial or other resolution of the dispute.’

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Hardwicke Chambers, 19th April 2020

Source: hardwicke.co.uk

COVID-19 – trespasser possession and injunction proceedings – Application of the new Civil Procedure Rule Practice Direction 51Z – St Ives Chambers

‘The back drop to this case is that the new Practice Direction CPR 51Z effectively stays possession proceedings and enforcement issued pursuant to CPR 55 for 90 days from March 2020.’

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St Ives Chambers, 16th April 2020

Source: www.stiveschambers.co.uk

University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB): the unintended consequences of the stay of possession claims under Practice Direction 51Z – Falcon Chambers

‘Practice Direction 51Z was hastily brought into force on Friday 27 March 2020, after the Prime Minister’s televised instructions to the nation on the evening of Monday 23 March 2020 that everyone should stay at home in order to beat coronavirus. Practice Direction 51Z imposed a three-month stay on all Part 55 possession proceedings, which ensures that those who were facing the possibility of eviction from their home have some protection during the crisis. However, since the Practice Direction came into force, property practitioners have been grappling with the possibly unintended consequences that come from its very wide scope. This has been brought into sharp focus by the recent case of University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which PD51Z prevented an NHS Trust from obtaining a possession order to facilitate the discharge of a patient from hospital, in circumstances where her bed was needed for critically ill-patients, she was medically fit for discharge, and indeed she would be at less risk of infection from COVID-19 if out of the hospital. As this article explains, the NHS Trust in the UCLH case was able to obtain the relief it needed by the alternative route of an injunction, but the case nevertheless highlights that PD51Z may need to be revisited.’

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Falcon Chambers, 15th April 2020

Source: www.falcon-chambers.com

Coronavirus, adjudication and injunctions – Practical Law Construction Blog

Posted April 17th, 2020 in building law, construction industry, coronavirus, injunctions, news by sally

‘Coronavirus, or COVID-19, is impacting all parts of our lives. Currently, the focus in the construction industry is rightly on the safety of workers still attending sites. No doubt, the future will see litigation on whether the coronavirus gives rise to extensions of time, force majeure, frustration or other legal rights or remedies.’

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Practical Law Construction Blog, 15th April 2020

Source: constructionblog.practicallaw.com

Remote hearings: injunction to stop ‘car cruising’ continued in open court without attendance of the parties – Wolverhampton City Council & Ors v Persons Unknown – Hardwicke Chambers

‘This was a review hearing for a quia timet injunction against ‘car cruising’ in areas of the Claimant local authorities before His Honour Judge Worster sitting as a High Court Judge in the QBD, Birmingham District Registry. ‘Car cruising’, or ‘street cruising’ as it is sometimes defined, is a congregation of two or more motor vehicles driving dangerously or in an anti-social way so as to cause nuisance, damage or danger to the public; usually gatherings to race or perform stunts in cars, motorbikes or quad bikes, which have been a particular problem in particular parts of Birmingham.’

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Hardwicke Chambers, 3rd April 2020

Source: hardwicke.co.uk

New guidance on domestic violence injunctions – Legal Aid Handbook

Posted April 7th, 2020 in domestic violence, families, injunctions, news by sally

‘On 3 April 2020, the government issued the guidance ‘Applying for a domestic violence (Family Law Act) injunction for unrepresented applicants’.’

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Legal Aid Handbook, 6th April 2020

Source: legalaidhandbook.com

HS2 wood clearance to go ahead as Chris Packham legal bid fails – The Guardian

Posted April 6th, 2020 in environmental protection, injunctions, judicial review, news, railways by sally

‘The clearing of ancient woods for HS2 is to proceed this month after the high court refused an emergency injunction and judicial review of the government’s decision to proceed with the high-speed railway.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Application to end draconian UKOG injunction banning peaceful protest at oil sites in Surrey and Sussex – Garden Court Chambers

‘Lawyers for five peaceful protestors, supported by the Weald Action Group, have applied to the High Court to bring an end to an interim injunction against protest at oil sites in Surrey and Sussex in line with a new Court of Appeal ruling.’

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Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

Chris Packham begins legal case to halt HS2 amid coronavirus crisis – The Guardian

‘Chris Packham is seeking an urgent injunction to immediately halt HS2’s destruction of ancient woodlands as campaigners criticise construction teams for allegedly ignoring the government’s physical distancing rules for coronavirus and endangering local people.’

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The Guardian, 27th March 2020

Source: www.theguardian.com

Killing the goose? – Hardwicke Chambers

Posted March 19th, 2020 in anonymity, demonstrations, injunctions, news by sally

‘On 5 March 2020 the Court of Appeal handed down judgment in Canada Goose UK Retail Ltd v Person Unknown [2020] EWCA Civ 303. The case concerned protests at the claimant’s Regent Street shop against the brand’s use of animal fur and down. But the Court of Appeal gave wide and authoritative guidance in relation to claims for injunctions against un-named defendants (“persons unknown.”)’

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Hardwicke Chambers, 12th March 2020

Source: hardwicke.co.uk