Gangs and Anti-Social Behaviour Injunctions – Standard of Proof – St Ives Chambers

‘On 19 July 2023 the Supreme Court handed down judgment in the case of Jones v Birmingham City Council and another [2023] UKSC 27. The facts of the case involved allegations of gang related drug dealing activity which resulted in a without notice application for an injunction and power of arrest against Mr Jones and 17 others believed to be involved in a notorious Birmingham gang. Interim injunctions orders with powers of arrest were made pursuant to s34 Policing and Crime Act 2009 and Part 1 of the Anti Social Behaviour Crime and Policing Act 2014 and, in relation to Mr Jones specifically, a final injunction and power of arrest were made (pursuant to the 2009 Act only) which had the effect of prohibiting him from entering large parts of the city centre.’

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St Ives Chambers, 21st July 2023

Source: www.stiveschambers.co.uk

Satisfying judgment from scheme assets following bankruptcy discharge – Pensions Barrister

Posted July 27th, 2023 in bankruptcy, debts, injunctions, judgments, news, pensions by sally

‘Handed down on 26th July, the latest in a long line of cases in which a judgment creditor has sought to enforce their debt from the pension scheme assets of the debtor is Cohen v O’Leary [2023] EWHC 1939 (Ch), a decision of Louse Hutton KC, sitting as a Deputy Judge of the High Court.’

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Pensions Barrister, 27th July 2023

Source: www.pensionsbarrister.com

Tesco vs Lidl: Injunction issued over logo use in latest supermarket war – The Independent

Posted June 27th, 2023 in appeals, injunctions, news, trade marks by sally

‘Two UK supermarket giants are at loggerheads in London’s High Court in a war over logos.’

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The Independent, 26th June 2023

Source: www.independent.co.uk

Curbing protest disruption – Law Society’s Gazette

‘As many will have seen in the media, environmental activist group Insulate Britain (IB) has carried out London protests in a manner deliberately designed to cause serious disruption. These protest tactics have included activists deliberately blocking highways by sitting down in the road, and often gluing themselves to its surface and/or locking themselves to each other to make their removal more time-consuming. IB has repeatedly stated that these protests will continue until its demands are met.’

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Law Society's Gazette, 16th June 2023

Source: www.lawgazette.co.uk

Litigant denied relief after court confused by ‘XXXX’ name – Law Society’s Gazette

Posted June 16th, 2023 in appeals, delay, injunctions, loans, names, news, time limits by tracey

‘A litigant described as having a “relaxed and frankly reckless” approach to timely service of documents has been denied relief in the Court of Appeal.’

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Law Society's Gazette, 15th June 2023

Source: www.lawgazette.co.uk

Battle of the brands continues as Lidl seeks disclosure – Law Society’s Gazette

‘Tesco has undervalued the damage it did to the Lidl brand by its use of a blue and yellow logo to promote prices promotions, the High Court heard yesterday.’

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Law Society's Gazette, 23rd May 2023

Source: www.lawgazette.co.uk

Bristol van dwellers to challenge council injunction – BBC News

Posted May 19th, 2023 in complaints, housing, injunctions, local government, news by tracey

‘People living in vans on a residential road are to challenge legal action taken by a council to move them on. Bristol City Council was granted an injunction order on Greenbank View, in Easton, after complaints from local residents.’

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BBC News, 18th May 2023

Source: www.bbc.co.uk

Malicious falsehood in English law – OUT-LAW.com

Posted May 15th, 2023 in damages, defamation, injunctions, malicious falsehood, news by tracey

‘The law of malicious falsehood aims to protect economic interests. Malicious falsehood claims are sometimes made in tandem with, or as an alternative to, defamation claims.’

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OUT-LAW.com, 12th May 2023

Source: www.pinsentmasons.com

Snoring is not ASB, not even in Lambeth – Nearly Legal

Posted May 2nd, 2023 in anti-social behaviour, injunctions, news, noise, nuisance by tracey

‘LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023. Our grateful thanks to Angharad Monk of Garden Court for this note of LB Lambeth’s claim for an injunction against Ms Fanfair under Part 1 Anti-Social Behaviour, Crime and Policing Act 2014, and the much delayed (if surely inevitable) strike out of the claim. A county court decision, but worthy of note here not just for the flimsy and inadequate evidence on which Lambeth initiated and pursued proceedings, but also for the way they continued to pursue proceedings for the best part of a year, despite breaching directions and despite the evidence of their own expert. Lambeth not turning up to the final hearing was perhaps a fitting dénouement. Anyway, the upshot is that ordinary noise is not ASB, and lack of sound insulation does not make ordinary use into a nuisance.’

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Nearly Legal, 1st May 2023

Source: nearlylegal.co.uk

Military sites and asylum seeker accommodation – Local Government Lawyer

‘The High Court recently struck out an application by a council for an injunction to prevent the use of an airfield for asylum accommodation. Paul Brown KC, Nick Grant and Rebecca Sage explain why.’

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Local Government Lawyer, 28th April 2023

Source: www.localgovernmentlawyer.co.uk

High Court grants interim injunction over Home Office plan to house asylum seekers at disused airfield – Local Government Lawyer

‘Braintree District Council has secured an interim injunction temporarily blocking Home Office plans to accommodate asylum seekers at an airbase, ahead of a High Court hearing on the matter next week.’

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Local Government Lawyer, 11th April 2023

Source: www.localgovernmentlawyer.co.uk

Manchester Arena survivors to take ‘disaster troll’ to court – BBC News

Posted April 3rd, 2023 in defamation, harassment, injunctions, news, terrorism, victims by sally

‘Manchester Arena bomb survivors have filed landmark legal action against a conspiracy theorist who claims the attack was faked.’

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BBC News, 3rd April 2023

Source: www.bbc.co.uk

Council takes legal action to stop asylum seekers being sent to Essex airfield – The Guardian

‘An Essex council is seeking an urgent injunction against the Home Office to try to prevent plans to house asylum seekers on an airfield close to a small village.’

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The Guardian, 26th March 2023

Source: www.theguardian.com

Experts cast doubt on Braverman’s hopes of ECHR rule change on Rwanda – The Guardian

‘Legal experts have cast doubt on the UK’s claims of “possible reforms” to European court of human rights procedures that stopped an asylum seeker from being deported to Rwanda last year.’

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The Guardian, 20th March 2023

Source: www.theguardian.com

On account payment wasn’t exercising an adjudicator’s lien – Practical Law: Construction Blog

Posted March 17th, 2023 in construction industry, dispute resolution, enforcement, injunctions, news by tracey

‘Earlier this year I wrote about the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd, where O’Farrell J continued an interim freezing injunction that had been granted a month or so earlier. As I said at the time, while I wouldn’t ordinarily be interested in an injunction application, I wrote about it because one of the contractor’s defences to enforcement of the adjudicator’s decision focused on the adjudicator’s request for on account payments for his fees.

Fast forward six months and the case has been back before the TCC judges (also called Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd). This time it was in front of Recorder Andrew Singer KC (sitting as a High Court judge), who was asked to look at the payment point as part of the enforcement application. He held that the adjudicator had not exercised a lien before issuing his decision.’

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Practical Law: Construction Blog, 15th March 2023

Source: constructionblog.practicallaw.com

Plymouth trees: Call for independent inquiry into felling – BBC News

‘Plymouth City Council is facing calls for an independent inquiry into the decisions behind the night-time felling of 110 trees in the city centre.’

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BBC News, 16th March 2023

Source: www.bbc.co.uk

Council judicial review application over asylum seeker hotels refused – Local Government Lawyer

‘The High Court has refused a judicial review application from Torbay Council that argued the placement of asylum seekers in local hotels would have a significant impact on Children’s Services.’

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Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

Why an exceptional view might constitute a nuisance against your neighbours – Local Government Lawyer

Posted February 13th, 2023 in appeals, housing, injunctions, local government, news, nuisance, privacy, Supreme Court by tracey

‘Anjali Patel looks at the lessons to be learned from the Supreme Court’s ruling in the Tate Modern viewing platform dispute.’

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Local Government Lawyer, 10th February 2023

Source: www.localgovernmentlawyer.co.uk

Case Preview: Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 7th, 2023 in injunctions, local government, news, Supreme Court, travellers, trespass by sally

‘In this post, Frankie McPeanne, a trainee solicitor, and Emma Pinkerton, a Partner, both in the Real Estate Disputes team at CMS, preview the decision awaited from the Supreme Court in Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants), which is due to be heard on 8 February 2023.’

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UKSC Blog, 6th February 2023

Source: ukscblog.com

Supreme Court ruling in Tate Modern privacy case could create ‘new front of litigation’ – OUT-LAW.com

Posted February 6th, 2023 in appeals, damages, housing, injunctions, London, news, nuisance, privacy, Supreme Court by tracey

‘The Supreme Court’s ruling in a nuisance dispute involving a viewing platform at the Tate Modern gallery in London could “open a new front of litigation”, according to two legal experts.’

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OUT-LAW.com, 6th February 2023

Source: www.pinsentmasons.com