Suspended Jail Sentences For Campaigners Protesting Site Of UK’s ‘Biggest Fracking Tremor’ – Rights Info

‘Three campaigners who breached an injunction restricting protest at a shale gas site struck by what is believed to be the UK’s biggest fracking tremor have been given suspended prison sentences.’

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Rights Info, 3rd September 2019

Source: rightsinfo.org

Anti-fracking trio given suspended sentences for breaking protest ban – The Guardian

‘Three anti-fracking activists have been given suspended prison sentences after breaking a ban on demonstrations which their lawyers argued “severely curtails the right to protest”.’

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The Guaridan, 3rd September 2019

Source: www.theguardian.com

Judge refuses to halt Parliament suspension plans ahead of full hearing – BBC News

Posted August 30th, 2019 in brexit, injunctions, judges, news, parliament, prerogative powers, royal prerogative by sally

‘A Scottish judge has refused to order a temporary halt to Boris Johnson’s plan to shut down the UK Parliament.’

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BBC News, 30th August 2019

Source: www.bbc.co.uk

The duty of full and frank disclosure in worldwide freezing orders and service out applications (Tugushev v Orlov (No. 2)) – Hardwicke Chambers

‘The most recent episode in litigation between two Russian Oligarch involving an application to set aside a World-wide Freezing Order (“WFO”) and permission for service out of jurisdiction (“Service Out Order”) for failures in the duty of full and frank disclosure (“the Full and Frank Duty”).’

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Hardwicke Chambers, 9th August 2019

Source: hardwicke.co.uk

High Court allows cross examination of Defendant on a worldwide freezing order concerning asset disclosure – No. 5 Chambers

Posted August 29th, 2019 in cross-examination, disclosure, freezing injunctions, news by sally

‘On 27 June 2019 in the English High Court in Kazakhstan Kagazy Plc & 5 Others v Baglan Abdullayevich Zhunus & Others [2019] EWHC 1693 (Comm) 2019 WL 02746548; the High Court re-examined the principles on which a Defendant can be cross-examined on their assets where there had been a disclosure order pursuant to a worldwide freezing order (‘WFO’).’

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No. 5 Chambers, 1st August 2019

Source: www.no5.com

Other side’s costs bigger? Not relevant, says judge – Law Society’s Gazette

Posted August 22nd, 2019 in civil procedure rules, costs, injunctions, news by sally

‘The High Court has told a litigant they cannot argue against their opponent’s costs simply on the basis that the figure is higher than their own.’

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Law Society's Gazette, 20th August 2019

Source: www.lawgazette.co.uk

Divorcee granted injunction against ex-husband’s holding company – OUT-LAW.com

‘he High Court in England has granted an injunction against the holding company to which a wealthy Russian businessman transferred ownership of a luxury yacht in order to avoid enforcement of a £500 million divorce settlement, preventing the company from moving the yacht from where it is docked in Dubai.’

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OUT-LAW.com, 24th July 2019

Source: www.pinsentmasons.com

Civil remedies will remain vital for companies despite new fraud code – OUT-LAW.com

Posted July 17th, 2019 in codes of practice, fraud, injunctions, news by tracey

‘Civil recovery remedies will remain a vital tool for defrauded companies seeking recovery of stolen funds regardless of new industry initiatives such as the authorised push payment (APP) fraud code, according to an expert at Pinsent Masons, the law firm behind Out-Law.’

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OUT-LAW.com, 16th July 2019

Source: www.pinsentmasons.com

Injunctions against persons unknown – Falcon Chambers

Posted July 5th, 2019 in civil procedure rules, injunctions, news, trespass by sally

‘People have entered onto your client’s land – or are threatening to do so. Your client wants them to leave – or not to arrive. Your advice is sought. In practice, self-help is out of the question. Section 6 of the Criminal Law Act 1977 prohibits the use or threat of violence against person or property for the purpose of securing entry to any premises without lawful excuse. A right to possession or occupation of the premises is no excuse, unless your client is a “displaced residential occupier” or “protected intending occupier”. But in any event, you cannot encourage the use of self-help, because of the risk of disorder that it may entail. A legal remedy is required.’

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Falcon Chambers, June 2019

Source: www.falcon-chambers.com

Koza Ltd & Anor v Akcil & Ors [2019] EWCA Civ 891 – Hardwicke Chambers

Posted July 3rd, 2019 in company directors, expenses, freezing injunctions, news, undertakings by sally

‘The first Appellant/Claimant (‘Koza Ltd’) was a company incorporated in England and Wales, of which the Second Appellant/Claimant, ‘Mr Ipek’ was sole director. Koza Ltd was incorporated in March 2014 and capitalised with £60 million provided by the Respondent/Defendant (“Koza Altin”), its parent and 100% owner, to undertake mining operations outside Turkey.’

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Hardwicke Chambers, 27th June 2019

Source: hardwicke.co.uk

Anti-fracking activists breached injunction, judge rules – The Guardian

‘Three anti-fracking protesters have been found to have breached an injunction designed to stop them demonstrating outside a fracking site in Lancashire, which they say has a “chilling effect on the right to peaceful protest”.’

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The Guardian, 28th June 2019

Source: www.theguardian.com

Obtaining Injunction – Panopticon

‘Birmingham City Council v Afsar and Others (2019) EWHC 1560 (QB) is a case about a protest which has been carried on outside a primary school. Warby J granted interim injunctions, on the basis that the Council was likely to succeed at trial in showing that restraint on the way that protests were being conducted was justified.’

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Panopticon, 20th June 2019

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

Suspension of Contract – Local Government Law

‘Kenson Contractors v Haringey LBC (2019) EWHC 1230 (Admin) was an application made by the Claimant contractor, for an interim injunction against the Council to suspend its decision to award or execute a road-improvement contract to the Interested Party, Marlborough Highways Limited (“MHL”). Kenson came second in the procurement exercise for that contract and MHL came first. Because of the value of the contract (some £630,000 plus VAT) this procurement exercise was well below the threshold for the operation of the otherwise relevant parts of the Public Contracts Regulations 2015. The underlying claim was brought by way of judicial review (“JR”) of the Council’s decision to award the contract to MHL rather than Kenson.’

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Local Government Law, 22nd May 2019

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

Court service starts another video hearing pilot running – Legal Futures

‘A pilot enabling domestic abuse victims to take part in hearings by video link from a computer in their solicitor’s office has begun running in Manchester.’

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Legal Futures, 10th May 2019

Source: www.legalfutures.co.uk

Judge stops transgender Twitter row – BBC News

Posted May 3rd, 2019 in gender, injunctions, internet, judges, news, transgender persons by sally

‘A judge has told a transgender lawyer and a Catholic journalist involved in an “out of control” Twitter row not to mention each other online.’

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BBC News, 2nd May 2019

Source: www.bbc.co.uk

Chelsea launch legal campaign to crack down on ticket touts at Stamford Bridge – The Guardian

Posted April 16th, 2019 in injunctions, licensing, news, sport by tracey

‘Chelsea have launched a groundbreaking legal campaign to stamp out ticket touting, the Guardian can reveal, in a move expected to herald a wider crackdown by Premier League football clubs.’

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The Guardian, 15th April 2019

Source: www.theguardian.com

“Persons unknown” injunctions against future protest action – UK Human Rights Blog

‘In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515, the Court of Appeal handed down a fascinating judgment exploring the tension between the exercise of the rights to freedom of assembly and freedom of expression and the protection of property rights.’

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UK Human Rights Blog, 10th April 2019

Source: ukhumanrightsblog.com

Top judge attacks growing ‘abuse’ of parliamentary privilege – The Guardian

‘The lord chief justice has accused MPs and peers of endangering the rule of law through repeated “abuse” of parliamentary privilege to name individuals granted anonymity in court cases.’

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The Guardian, 9th April 2019

Source: www.theguardian.com

London borough secures temporary injunction prohibiting illegal encampments at 350+ sites – Local Government Lawyer

Posted April 10th, 2019 in injunctions, local government, London, news, travellers, waste by sally

‘Hillingdon Council has secured a High Court injunction until 18 June that prohibits illegal encampments on more than 350 sites across the borough.’

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Local Government Lawyer, April 2019

Source: www.localgovernmentlawyer.co.uk

Watchdog dismisses Sir Philip Green complaint against Peter Hain – The Guardian

‘The House of Lords standards watchdog has dismissed a complaint against the former Labour cabinet minister Peter Hain for using parliamentary privilege to name the Topshop tycoon Sir Philip Green as the businessman at the centre of harassment allegations.’

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The Guardian, 8th April 2019

Source: www.theguardian.com