Pre-Action Correspondence: What to do if you get a Stroppy Letter ……. or worse – NIPC Law

‘On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through 2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right.’

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NIPC Law, 4th August 2017

Source: nipclaw.blogspot.co.uk

Subletting and defamation – a novel approach – Nearly Legal

Posted August 4th, 2017 in defamation, injunctions, landlord & tenant, news by sally

‘There is a queue of significant and serious cases waiting to be written up. For time and personal reasons, this may not happen for a while. Instead, here is an insignificant case of no wider importance, but possibly some entertainment value.’

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Nearly Legal, 3rd August 2017

Source: nearlylegal.co.uk

Prison officers permanently banned from striking after Government wins High Court bid – The Independent

‘The Government has won its High Court bid to obtain a permanent ban on industrial action by prison officers, in a move unionists have warned will leave “only a matter of time” before a member of staff gets killed.’

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The Independent, 19th July 2017

Source: www.independent.co.uk

Injunction halts ‘fake news’ campaign against UK businessman – The Guardian

Posted July 10th, 2017 in defamation, injunctions, internet, news, precedent by sally

‘Lawyers have tackled an online “fake news” campaign against a British businessman by serving an injunction against “persons unknown” in what is believed to set a legal precedent.’

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The Guardian, 9th July 2017

Source: www.theguardian.com

Justice secretary seeks ban on industrial action in prisons – The Guardian

Posted July 6th, 2017 in industrial action, injunctions, news, prison officers, prisons, trade unions by sally

‘A high court bid to impose a permanent ban on industrial action being taken by prison officers has been launched by the justice secretary, David Lidington.’

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The Guardian, 4th July 2017

Source: www.theguardian.com

Charlotte Davies on Proving Misuse of Confidential Information – Littleton Chambers

‘Ex-employers need to protect their confidential information. Some of the most potent weapons in the ex-employers’ armoury are orders for preservation, return and protection of confidential information. However, two recent cases provide a warning of the dangers of making assumptions in relation to applications for that relief, and show the stringent approach taken by the courts to orders for the protection of confidential information.’

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Littleton Chambers, 29th June 2017

Source: www.littletonchambers.com

Arrest for breach of a behaviour injunction (which isn’t) – UK Police Law Blog

Posted July 3rd, 2017 in injunctions, news, police by tracey

‘The courts have given another judgment, Ahmed v Crown Prosecution Service [2017] EWHC 1272 (Admin), which helps the police in considering what actions fall within the execution of their duty. In short, where a police officer genuinely and reasonably believes that they are authorised by a court order to arrest a person for breach of an injunction and that the person is in breach of it, they will be acting in the course of their duty if they arrest that person. Even where there is no valid injunction. Sort of.’

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UK Police Law Blog, 1st July 2017

Source: ukpolicelawblog.com

Court again highlights ‘severe consequences’ of deliberately breaching freezing order, says expert – OUT-LAW.com

Posted June 19th, 2017 in freezing injunctions, injunctions, mental health, news, sentencing by sally

‘The High Court has again highlighted the “severe consequences” of deliberately breaching a freezing order, imposing a 12-month prison sentence on a woman who failed to comply with two deadlines and later lied to the court, an expert has said.’

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OUT-LAW.com, 19th June 2017

Source: www.out-law.com

Councils win 3-year extension to district-wide ban on unauthorised encampments – Local Government Lawyer

Posted June 16th, 2017 in gipsies, injunctions, local government, news by tracey

‘Harlow Borough Council and Essex County Council have secured a three-year extension to an injunction which bans Travellers from setting up unauthorised encampments across Harlow.’

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Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk

Harlow traveller ban extended for three years – BBC News

Posted June 15th, 2017 in gipsies, injunctions, news, planning by sally

‘An injunction banning travellers from setting up unauthorised camps in Harlow has been extended for three years.’

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BBC News, 14th June 2017

Source: www.bbc.co.uk

Judge warns of costs sanctions for parties that drowned him in skeletons and bundles – Litigation Futures

Posted June 14th, 2017 in costs, drafting, injunctions, news, sanctions by tracey

‘A High Court judge has described as “absurd” the conduct of parties in an employment dispute that produced thousands of pages in bundles – but only referred to 100 of them – and skeleton arguments more than seven times the expected length.’

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Litigation Futures, 14th June 2017

Source: www.litigationfutures.com

Interim Injunctions in Sport Litigation – Blackstone Chambers

Posted June 9th, 2017 in arbitration, injunctions, news, sport by sally

‘This paper is the second in a series to be published on the Sports Law Bulletin following presentations made at Blackstone Chambers’ Integrity in Sport – the Battleground seminar on 30th March 2017.’

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Blackstone Chambers, 31st May 2017

Source: www.sportslawbulletin.org

Judgment shows value of injunctions during ongoing disputes, says expert – OUT-LAW.com

Posted May 19th, 2017 in arbitration, injunctions, news by tracey

‘Three oil mining companies have been held in contempt of court by a High Court judge after they breached an injunction preventing certain commercial activities while arbitration was ongoing.’

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OUT-LAW.com, 18th May 2017

Source: www.out-law.com

Landlord Fergus Wilson facing legal action – BBC News

‘The Equality and Human Rights Commission (EHRC) has applied for an injunction against Fergus Wilson.’

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BBC News, 17th May 2017

Source: www.bbc.co.uk

Charlene Ashiru on Protecting Your Judgment: A New Tort of Asset-Stripping? – Littleton Chambers

‘Whilst it might be tempting as a Defendant company to dissipate assets to avoid Judgment debts, it is ill-advised and is unlikely to provide an easy escape.’

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Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

Fox News must let Ofcom meet harassment victims, lawyer says – The Guardian

Posted May 12th, 2017 in harassment, injunctions, media, news, sex discrimination, victims by sally

‘Rupert Murdoch’s 21st Century Fox should waive gagging orders on victims of alleged racial and sexual harassment at Fox News so they can speak to the UK media watchdog, a lawyer representing the victims has said.’

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The Guardian, 11th May 2017

Source: www.guardian.co.uk

The Tribunal’s enforcer – Nearly Legal

Posted April 27th, 2017 in enforcement, housing, injunctions, news, tribunals by sally

‘In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of its order it required that Canary Riverside Management Ltd must, amongst other things, provide copy documents (accounts, invoices, etc) to Mr Coates. Mr Coates contended that this order had not been complied with and brought a claim in the County Court for an injunction against Canary Riverside Management Ltd seeking to enforce the management order. The County Court made an injunction, with a penal notice attached, restraining Canary Riverside Management Ltd from
1. Changing any locks to the premises;
2. Removing any property from the premises;
3. Interfering with the manager’s exercise of his obligations under the management order.’

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Nearly Legal, 26th April 2017

Source: www.nearlylegal.co.uk

Judge alarmed about lack of lawyer as he jails woman for begging – The Guardian

‘A judge who sentenced a “fragile and vulnerable” woman to five-and-a-half months in jail for begging has expressed alarm that no lawyer could be found to represent her because of problems over legal aid.’

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The Guardian, 20th April 2017

Source: www.guardian.co.uk

Short term lets, long term consequences – Nearly Legal

Posted April 10th, 2017 in forfeiture, housing, injunctions, leases, news by sally

‘A couple of county court cases on Airbnb/short let use by leaseholders. One was reported in the newspapers, the other has not been reported anywhere before. Both show the potentially serious consequences of leaseholders letting out on short lets, where lease clauses arguably prevent it. We have seen the clause ‘use only as a private residence’ in the Upper Tribunal Nemcova, and subletting without consent, “otherwise than as a private residence for occupation by a single household” and carrying out a trade, business or profession from the Property in the FTT in LON/00AY/LBC/2015/0021. In both these cases, other lease clauses were involved, so there is an extension of the kind of clause catching Airbnb/short let use.’

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Nearly Legal, 7th April 2017

Source: www.nearlylegal.co.uk

Nokia and Apple patent dispute comes before High Court in London – OUT-LAW.com

‘Finnish mobile device manufacturer Nokia was due to argue that Apple has infringed one of its technology patents before the High Court in London on Friday.’

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OUT-LAW.com, 7th April 2017

Source: www.out-law.com