Category: injunctions

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

Posted October 24th, 2018 in agreements, appeals, bullying, complaints, disclosure, employment, freedom of expression, harassment, injunctions, media, news, non-disclosure agreements, racism, sexual offences by sally

‘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

Posted October 19th, 2018 in appeals, bicycles, consent, consultations, injunctions, judicial review, local government, London, news, transport by sally

‘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

Posted October 17th, 2018 in autism, children, detention, families, hospitals, injunctions, learning difficulties, local government, media, mental health, news, public interest, reporting restrictions by sally

‘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, fracking, 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 sally

‘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 sally

‘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

London council secures borough-wide injunction against illegal encampments – Local Government Lawyer

Posted August 17th, 2018 in injunctions, local government, news, parks, travellers by sally

‘Bromley Council has persuaded the High Court to grant a borough-wide injunction against illegal encampments on land it owns or manages.’

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Local Government Lawyer, 17th August 2018

Source: www.localgovernmentlawyer.co.uk

R (Taveta Investments Ltd) v Financial Reporting Council – Blackstone Chambers

Posted August 9th, 2018 in auditors, injunctions, news, sanctions by sally

‘Following an investigation in relation to an audit of BHS, the FRC reached a settlement with the auditors whereby they admitted misconduct and accepted the imposition of fines and other sanctions. The FRC and the auditors entered into a settlement agreement which included a 38-page “Particulars of Fact and Acts of Misconduct” setting out the “facts” as agreed between these parties.’

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Blackstone Chambers, 29th June 2018

Source: www.blackstonechambers.com

Landlord granted injunction against tenant using Airbnb, upheld on appeal: Bermondsey Exchange Freeholders Limited v Ninos Koumetto (Trustee in Bankruptcy of Kevin Geoghehan Conway) [2018], County Court at Central London – Henderson Chambers

Posted August 9th, 2018 in injunctions, landlord & tenant, leases, news by sally

‘The rise of websites such as Airbnb has seen an increase in short term holiday style letting of traditionally long-term residential properties. In 2015 London’s housing legislation was amended specifically in response to the rise of Airbnb and other websites: a homeowner is able to let out their house, flat or spare rooms for up to three months a year. In London, unlike other cities such as Berlin or Barcelona, there are no city-wide regulations (or restrictions) regarding the use of Airbnb. This case emphasises that it falls to construction of the terms of the lease between the freeholder and leaseholder to ascertain whether a leaseholder’s use of Airbnb is permitted.’

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Henderson Chambers, 27th July 2018

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Extensions of Moratorium Periods and How it Can Be Challenged – Drystone Chambers

Posted August 9th, 2018 in freezing injunctions, news, proceeds of crime, time limits by sally

‘The NCA now have the power to extend the moratorium period on Suspected Activity Reports (SAR) by 31 days, up to a total of 186 days. This is due to the amendment of the Proceeds of Crime Act 2002 (‘the Act’), by the Criminal Finance Act 2017. It is usually clear to an interested party when this is happening, due to delay from the banks in releasing their money. The banks cannot confirm this due to the tipping off provisions.’

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Drystone Chambers, July 2018

Source: drystone.com

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

Posted August 9th, 2018 in civil procedure rules, disclosure, documents, injunctions, jurisdiction, news, third parties by sally

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

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Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

High Court hosts new mega-money Russian dispute – Law Society’s Gazette

Posted August 7th, 2018 in choice of forum, freezing injunctions, news, Russia by sally

‘Another high-profile foreign dispute, this time related to a stake in a Russian fishing company valued at more than a billion pounds, has opened in the High Court – though the relevance of England and Wales as a jurisdiction has again been called into question.’

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Law Society's Gazette, 7th August 2018

Source: www.lawgazette.co.uk

The Perils of Unsigned Contracts of Employment and of Rushing to Court – Littleton Chambers

Posted August 7th, 2018 in contract of employment, injunctions, news, restrictive covenants by sally

‘There are numerous important lessons to be learned from the judgment in Tenon FM Limited v Cawley which was handed down orally on Wednesday 25th July 2018 by HHJ Bidder QC sitting as a Judge of the High Court but the main ones are:

1. Do not underestimate the difficulty of persuading a Court, even at the interim stage, to enforce restrictive covenants in a contract which the employee has not signed;

2. Where an employer is seeking to enforce restrictive covenants which it has introduced after the commencement of the employment, make sure its evidence in support sets out the consideration that was provided in respect of the same; and

3. Absent any real urgency, give the employee a genuine opportunity to respond to the employer’s concerns before issuing proceedings.’

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Littleton Chambers, 26th July 2018

Source: www.littletonchambers.com

Children’s author faces £1m payout after ‘terrorising’ actor neighbour with ‘monstrously out of control’ garden – Daily Telegraph

Posted August 2nd, 2018 in compensation, harassment, injunctions, news, noise, nuisance by sally

‘A children’s author faces a £1m payout after terrorising her actor neighbour with her “monstrously out of control” garden.’

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Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

UK government launches consultation on open justice – OUT-LAW.com

Posted July 17th, 2018 in civil justice, civil procedure rules, consultations, disclosure, injunctions, news by sally

‘The UK government is seeking to clarify the rules governing when litigation should be heard in private, in a bid to safeguard the principles of open justice.’

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OUT-LAW.com, 16th July 2018

Source: www.out-law.com

Costs judge applies ‘wider criteria’ in proportionality dispute – Law Society’s Gazette

Posted July 11th, 2018 in costs, injunctions, news, proportionality by sally

‘A costs judge has refused to pare a defendant’s costs after finding she should not have to bear the consequences of the claimant’s conduct.’

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Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Are ‘Thousands misusing abuse orders to get legal aid?’ – Transparency Project

Posted July 9th, 2018 in child abuse, domestic violence, family courts, injunctions, legal aid, news, non-molestation orders, statistics by sally

‘Twitter commentators asked questions last week of a BBC headline:

Thousands misusing abuse orders to get legal aid, says parenting charity

And the ‘click-bait’ opening sentence of the story itself:

Families Need Fathers says parents are being encouraged by some solicitors to file for non-molestation orders – injunctions used in urgent abuse cases.’

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Transparency Project, 9th July 2018

Source: www.transparencyproject.org.uk

Gordian Knot(weed) – Nearly Legal

Posted July 6th, 2018 in damages, injunctions, news, nuisance, railways, trees by sally

‘Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514. Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be done by licensed organisations). It grows quickly through spreading underground rhizomes and can affect structures if growing within 7 metres of their foundations. It’s presence has to be disclosed on any sale of a property.’

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Nearly Legal, 4th July 2018

Source: nearlylegal.co.uk