Improvement clauses needing improvement – Nearly Legal

Posted November 23rd, 2018 in appeals, drafting, housing, injunctions, landlord & tenant, news, repairs by sally

‘An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, Network proposed to replace all the flat entrance doors. Mr H would not give access to Network to do so unless certain conditions were met. No agreement was reached and Network applied for an injunction for access.’

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Nearly Legal, 22nd November 2018

Source: nearlylegal.co.uk

Victims of gagging clauses to get a voice as Parliament launches inquiry in wake of Sir Philip Green scandal – Daily Telegraph

‘Victims forced to sign gagging clauses could be given a voice as Parliament today launches a new inquiry into the use of non-disclosure agreements following the scandal surrounding Sir Philip Green.’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

Unauthorised works to listed building sees owner ordered to pay £80k – Local Government Lawyer

Posted November 9th, 2018 in injunctions, listed buildings, monuments, news, planning, prosecutions by tracey

‘Horsham District Council and Historic England have successfully prosecuted a landowner for unauthorised works to a listed building and scheduled monument.’

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Local Government Lawyer, 8th November 2018

Source: www.localgovernmentlawyer.co.uk

Silencing of Sir Philip Green’s British accusers is ‘making a mockery of legal system’ – Daily Telegraph

Posted November 7th, 2018 in harassment, injunctions, news, public interest, sexual offences, victims by sally

‘Silencing Sir Philip Green’s alleged British victims while his former employees in America speak out on is “making a mockery” of the UK’s legal system, experts and MPs have said.’

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Daily Telegraph, 6th November 2018

Source: www.telegraph.co.uk

Merits relevant in granting interim injunction: Berry Recruitment Limited v Brooke Donovan [2018] EWHC 2280 (QB) – Blackstone Chambers

‘An interim injunction was granted to a recruitment consultant against a former employee. Since there was a possibility that the restrictive covenant in question might expire before a speedy trial could be heard, the Judge took into account the relative merits of the claim.’

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Blackstone Chambers, 1st October 2018

Source: www.employeecompetition.com

Robert Craig: The Peter Hain Case: The Effect of Article IX – UK Constitutional Law Association

‘Peter Hain’s decision to breach an interim injunction granted by the Court of Appeal in the case of ABC v Telegraph Media Group has caused serious concern. It is one of the cardinal rules in Parliament that members should not interfere in ongoing legal proceedings and Hain did not wait until the end of the proceedings before breaching this injunction, even though the case had been scheduled for an early full hearing. He does not appear even to have read the court judgment he saw fit to overrule, effectively.’

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UK Constitutional Law Association, 31st October 2018

Source: ukconstitutionallaw.org

Why the judges got it wrong in granting Philip Green an injunction – The Guardian

‘The court of appeal failed to see the case from the point of view of victims of sexual harassment.’

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The Guardian, 27th October 2018

Source: www.theguardian.com

The Court of Appeal considers FRAND: Unwired Planet v Huawei – NIPC Law

Posted October 30th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It is an acronym to describe the terms upon which licences should be granted for standard essential patents (“SEPs”). SEPs are patents for inventions that are crucial for compliance with a technical standard. I attempted an introduction to FRAND terms and SEPs in FRAND on 8 Oct 2017. Lord Kitchin gave a much better one in the first five paragraphs of his judgment in Unwired Planet International Ltd and Another v Huawei Technologies Co Ltd and Another [2018] EWCA Civ 2344 (23 Oct 2018).’

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NIPC Law, 28th October 2018

Source: nipclaw.blogspot.com

Landmark ticket tout injunction issued in UK – OUT-LAW.com

Posted October 29th, 2018 in injunctions, news, sport by sally

‘Organisers of major sporting and entertainment events such as football matches, athletics meetings and music festivals, will welcome a new ruling barring ticket touts from selling tickets on Cheltenham racecourse premises, an expert has said.’

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OUT-LAW.com, 25th October 2018

Source: www.out-law.com

Labour peer Peter Hain defends decision to expose Philip Green as businessman accused of sexual harassment – The Independent

‘Peter Hain has defended his decision to use parliamentary privilege to name Sir Philip Green as the businessman at the centre of a row over allegations of sexual harassment and racial abuse.’

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The Independent, 26th October 2018

Source: www.independent.co.uk

Patents: multiple FRAND terms possible, says UK court – OUT-LAW.com

Posted October 24th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents, telecommunications by tracey

‘It is possible for more than one set of proposed licensing terms for standard-essential patents (SEPs) to be fair, reasonable and non-discriminatory (FRAND), the Court of Appeal in London has said.’

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OUT-LAW.com, 24th October 2018

Source: www.out-law.com

Court of Appeal offers clarity on patent ‘standards’ – Law Society’s Gazette

Posted October 24th, 2018 in appeals, injunctions, licensing, news, patents, telecommunications by tracey

‘A battle over appropriate licensing methods for patents deemed essential for a particular industry’s technical standards could be heading to the Supreme Court after the Court of Appeal today upheld a lower court’s ruling. Companies that own SEPs are required to license those patents at a fair, reasonable and non-discriminatory rate, known as FRAND. In Unwired Planet v Huawei, the Court of Appeal accepted the High Court’s determination that an owner of a standard-essential patent (SEP) for mobile phones can meet its obligations to making rights available fairly by offering a worldwide licence. Lord Justice Kitchin’s ruling added that if that offer is refused, an alleged infringer may be subject to an injunction.’

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Law Society's Gazette, 23rd October 2018

Source: www.lawgazette.co.uk

NDAs in spotlight as Court of Appeal gags newspaper – Law Society’s Gazette

‘A Court of Appeal ruling barring the publication of allegations that a ‘leading businessman’ sexually harassed and racially abused employees has re-ignited the debate over the use of non-disclosure agreements (NDAs) in settlements. In ABC and others v Telegraph Media Group, Sir Terence Etherton, Lord Justice Underhill and Lord Justice Henderson granted a temporary injunction preventing the Telegraph from publishing what the newspaper says is the result of eight months of investigation into the behaviour of an individual identified as ‘ABC’.’

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Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

Transport for London appeals High Court ruling on cycle superhighway – Local Government Lawyer

‘Transport for London has applied for permission to appeal a High Court ruling that its decision to go ahead with the installation of a cycle super highway (CS11) at Swiss Cottage had been taken while omitting a relevant consideration.’

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Local Government Lawyer, 19th October 2018

Source: www.localgovernmentlawyer.co.uk

Reporting restrictions on Bethany’s dad – children’s rights or concealing system failure? – Transparency Project

‘On Saturday, the Times reported: ‘Father beats legal bid to silence him over autistic girl in hospital “cell” ‘ [paywall]. Social affairs editor, Greg Hirst, reported that Jeremy (who is not using his surname publicly) succeeded in contesting an application by Walsall Metropolitan County Borough Council for an injunction to stop his social media campaign that is drawing attention to the plight of his 17-year-old-daughter.’

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Transparency Project, 16th October 2018

Source: www.transparencyproject.org.uk

Injunction seeks to halt start of fracking at Lancashire site – BBC News

Posted October 8th, 2018 in energy, environmental protection, injunctions, news by sally

‘An injunction has been lodged to halt the start of fracking at one of the UK’s first horizontal exploration wells.’

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BBC News, 5th October 2018

Source: www.bbc.co.uk

£7m win for Chinese company in first ‘persons unknown’ freezing order – Law Society’s Gazette

Posted September 27th, 2018 in computer crime, costs, damages, freezing injunctions, news by tracey

‘The High Court has awarded the UK arm of natural resources company China Molybdenum Company (CMOC) £7m, in a case in which a worldwide freezing injunction against “persons unknown” was approved for the first time.’

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Law Society's Gazette, 26th September 2018

Source: www.lawgazette.co.uk

Domestic abuse victims turning to civil courts because police are failing to enforce law – Daily Telegraph

Posted September 17th, 2018 in domestic violence, injunctions, news, victims by sally

‘Domestic abuse victims are increasingly turning to the civil courts for protection because the police are failing to enforce the law of coercive control, it has emerged.’

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Daily Telegraph, 15th September 2018

Source: www.telegraph.co.uk

MPs who use parliamentary privilege to break court orders undermine the judiciary, says Lord Chief Justice – Daily Telegraph

Posted September 11th, 2018 in injunctions, judges, judiciary, news, parliament, parliamentary privilege by tracey

‘MPs who “abuse” parliamentary privilege to break injunctions are eroding confidence in the justice system, the Lord Chief Justice has said. Lord Burnett of Maldon, the head of the judiciary, warned that the phenomenon was part of the “gentle erosion of support” for the courts.’

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Daily Telegraph, 10th September 2018

Source: www.telegraph.co.uk

Freezing injunction duty of disclosure ‘should not be taken lightly’ – OUT-LAW.com

Posted September 4th, 2018 in disclosure, financial regulation, injunctions, news by sally

‘The High Court has discharged a $3 billion worldwide freezing order (WFO) granted in favour of the sovereign wealth fund of Angola due to “serious and substantial” breaches of its duty to provide full and frank disclosure of all material facts in the case.’

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OUT-LAW.com, 30th August 2018

Source: www.out-law.com