‘The present proceedings should never have been brought.’ ASB and disability discrimination. – Nearly Legal

‘Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC). Applications for injunctions under Part 1 of ASBCPA 2014 seem to be all the rage at moment, so it is refreshing to read the judgment in Rosebery Housing Association v Williams which was handed down by HHJ Luba QC late last year. The judgment provides a helpful list of what-not-to-do in situations where there are allegations of anti-social behaviour levelled at a disabled tenant, particularly where the tenant has made serious allegations of her own.’

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Nearly Legal, 16th January 2022

Source: nearlylegal.co.uk

Councils win appeal over final injunctions against unauthorised encampment and prevention of newcomers occupying land – Local Government Lawyer

Posted January 14th, 2022 in appeals, injunctions, local government, news, travellers, trespass by tracey

‘A High Court judge was wrong to hold that the court cannot grant final injunctions against unauthorised encampment that prevent newcomers from occupying and trespassing on land, the Court of Appeal has said.’

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Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

Find another way to resolve dispute, High Court tells parties – Legal Futures

Posted January 10th, 2022 in costs, dispute resolution, injunctions, intellectual property, news by tracey

‘The High Court has told parties to an intellectual property claim to find other ways to resolve their dispute in the light of the first three hearings all concerning costs and not the merits.’

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Legal Futures, 10th January 2022

Source: www.legalfutures.co.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by tracey

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

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Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk

Man-shed miscalculated – Local Government Lawyer

‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

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Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

UK court sends 9 road-blocking climate protesters to prison – The Independent

Posted November 18th, 2021 in climate change, demonstrations, injunctions, news, road traffic, sentencing by tracey

‘A British court on Wednesday sentenced nine members of the climate action group Insulate Britain to up to six months in prison for breaching an injunction designed to prevent road blockades.’

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The Independent, 17th November 2021

Source: www.independent.co.uk

High Court rejects attempt to block claims against lawyers – Legal Futures

Posted November 8th, 2021 in fees, injunctions, law firms, news, proceeds of crime by tracey

‘The High Court has refused to make an order to prevent future claims on a law firm’s fees that claimants may argue came from stolen funds.’

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Legal Futures, 8th November 2021

Source: www.legalfutures.co.uk

Freezing injunctions are permitted without an underlying cause of action, rules Privy Council – Littleton Chambers

‘On 4 October 2021, Privy Council handed down a landmark judgment in Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24. Lord Leggatt’s majority judgment provides the first comprehensive legal foundation for freezing and interim injunctions, and removes many of the restrictions imposed on injunctions by previous cases.’

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Littleton Chambers, 7th October 2021

Source: littletonchambers.com

Landowner jailed after breach of injunction prohibiting development in woodland – Local Government Lawyer

Posted November 2nd, 2021 in environmental protection, injunctions, news, planning, sentencing, trees by sally

‘A landowner who breached a High Court injunction preventing illegal development on woodland has been sentenced to 12 months imprisonment.’

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Local Government Lawyer, 1st November 2021

Source: www.localgovernmentlawyer.co.uk

Progressing interim injunctions – Local Government Lawyer

Posted October 29th, 2021 in injunctions, local government, news, planning by tracey

‘A High Court judge recently accused four councils of abusing the court’s processes by failing to progress interim injunctions granted against “persons unknown”. Roderick Morton looks at the challenges faced by local authorities.’

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Local Government Lawyer, 29th October 2021

Source: www.localgovernmentlawyer.co.uk

Insulate Britain: Injunction banning protests on London’s roads extended – BBC News

‘An injunction to ban Insulate Britain protesters from holding demonstrations on London’s roads has been extended.’

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BBC News, 19th October 2021

Source: www.bbc.co.uk

Interim and final injunctions: the differences – Local Government Lawyer

‘Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.’

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Local Government Lawyer, 8th October 2021

Source: www.localgovernmentlawyer.co.uk

Patel pledges six months in prison or big fines for motorway protesters – The Guardian

‘Protesters disrupting motorways will face up to six months in prison or unlimited fines under plans to stop climate campaigners bringing traffic to a halt, Priti Patel will say this week.’

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The Guardian, 3rd October 2021

Source: www.theguardian.com

Harassment – Local Government Law

Posted September 30th, 2021 in harassment, injunctions, local government, news by sally

‘In Ashford Borough Council v Wilson (2021) EWHC 2542 (QB) the Borough Council and its Chief Executive sought on their own behalf and on behalf of the current and former officers, employees, councillors and agents of the Council, a final anti-harassment injunction against the Defendant, a large-scale landlord in Kent, pursuant to the Protection from Harassment Act 1997 [“the 1997 Act”]. The Claimants’ complaints related, principally, to letters and emails sent by the Defendant.’

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Local Government Law, 29th September 2021

Source: local-government-law.11kbw.com

Council fails in bid for final injunction prohibiting defendants from anti-social behaviour in any public space in borough – Local Government Lawyer

Posted September 27th, 2021 in coronavirus, demonstrations, injunctions, local government, London, news, nuisance by sally

‘A High Court judge has rejected an application by the London Borough of Hackney for a final injunction prohibiting a number of defendants until 13 September 2022 from engaging in various activities which were said to constitute anti-social behaviour and/or public nuisance in any public space in the borough.’

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Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Government takes legal action against M25 climate protesters – Home Office

‘Activists who have been carrying out a string of disruptive demonstrations along the M25, causing travel chaos for tens of thousands of people, will be in contempt of court if they breach the terms of an interim injunction won by National Highways today (22 September 2021).’

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Home Office, 22nd September 2021

Source: www.gov.uk

Ministers plan legal action to stop Insulate Britain disrupting motorways – The Guardian

‘Priti Patel and Grant Shapps are seeking a court injunction to stop environmental protesters from targeting major motorways after five days of tailbacks and damaging headlines for the government.’

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The Guardian, 21st September 2021

Source: www.theguardian.com

Chambers obtains final injunction after cyber-attack – Legal Futures

Posted September 16th, 2021 in barristers, computer crime, default judgments, injunctions, news by tracey

‘A London chambers hit by a cyber-attack has secured a final injunction from the High Court against “persons unknown”.’

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Legal Futures, 16th September 2021

Source: www.legalfutures.co.uk

Injunction for re-entry and balance of convenience. – Nearly Legal

Posted September 15th, 2021 in appeals, housing, injunctions, landlord & tenant, mental health, news, repossession by tracey

‘Mahandru v Nielson (2021) EWHC 2297 (QB). An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk