Tis aw a muddle – costs edition – Nearly Legal

Posted May 6th, 2016 in agency, costs, injunctions, joinder, landlord & tenant, news, repossession by tracey

‘Morales v Enver (2016) QBD (Irwin J) 28/04/2016. Mr M had brought injunction for re-entry proceedings against a landlord and agents.’

Full story

Nearly Legal, 4th May 2016

Source: www.nearlylegal.co.uk/blog/

Celebrity injunction should be lifted, Court of Appeal rules – BBC News

Posted April 19th, 2016 in appeals, human rights, injunctions, media, news, privacy by sally

‘An injunction banning the media in England and Wales from reporting the identity of a married celebrity who allegedly took part in a threesome has been lifted.’

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BBC News, 18th April 2016

Source: www.bbc.co.uk

Can privacy survive publicity? – Judgment in PJS – Panopticon

Posted April 19th, 2016 in human rights, injunctions, internet, media, news, privacy by sally

‘It has long been clear that, so far as the common law is concerned, there is no neat dividing line between information which is private and that which is public. Thus, depending on the circumstances, information relating to an individual’s private life which has entered the public domain may yet engage privacy rights (see further e.g. McKennitt v Ash [2005] EWHC 303 (QB) and Green Corns v Claverley [2005] 958 (QB) and Rocknroll v News Group [2013] EWHC 24 (Ch)). However, what is the position where, notwithstanding that an injunction restrains the publication of the information domestically, the information is being extensively published and shared online elsewhere around the world?’

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Panopticon, 18th April 2016

Source: www.panopticonblog.com

Council wins battle over mother’s bid to name twins ‘Cyanide’ and ‘Preacher’ – Local Government Lawyer

‘A local authority has won a Court of Appeal battle with a mother over her desire to name her twin children ‘Cyanide’ and ‘Preacher’.’

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Local Government Lawyer, 15th April 2016

Source: www.localgovernmentlawyer.co.uk

Celebrity injunction: blogger defies legal threats as more papers print details – The Guardian

Posted April 13th, 2016 in appeals, contempt of court, injunctions, media, news, privacy by sally

‘Attempts to silence a blogger who published the identities of a celebrity couple at the centre of a UK press injunction appear to have backfired, as newspapers in Canada and Sweden published details of the story.’

Full story

The Guardian, 13th April 2016

Source: www.guardian.co.uk

This celebrity injunction will probably rebound – a case of the ‘Streisand effect’ – The Guardian

Posted April 12th, 2016 in freedom of expression, injunctions, internet, media, news, privacy, publishing by sally

‘As a Scottish newspaper publishes details of a sex scandal, when does a legal fight to ensure privacy become a pointless exercise to restrict free speech?’

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The Guardian, 11th April 2016

Source: www.guardian.co.uk

Injunction ruling enables celebrities to hide sex lives, says top lawyer – The Guardian

Posted April 7th, 2016 in children, injunctions, media, news, privacy by sally

‘A leading media lawyer has claimed that celebrities have been given carte blanche to use their children to prevent stories about their sex lives being published, after a court upheld an injunction against the Sun on Sunday.’

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The Guardian, 6th April 2016

Source: www.guardian.co.uk

Does Art 5 entail a right to legal representation when facing prison for contempt of court? – UK Human Rights Blog

‘The European Court of Human Rights has held that the detention of an individual following his breach of a civil contact order, where he had no legal representation, did not violate his rights under Article 5, ECHR (Right to Liberty and Security of Person). However, the decision not to provide compensation to the individual following a failure to provide him with a lawyer during domestic proceedings resulted in a violation of Article 6 (Right to a Fair Trial).’

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UK Human Rights Blog, 30th March 2016

Source: www.ukhumanrightsblog.com

Court of Appeal injuncts revelation of celebrity’s extramarital threesome – RPC Data and Privacy Law

Posted March 29th, 2016 in appeals, injunctions, media, news, privacy by sally

‘The Court of Appeal has granted a privacy injunction (its first since 2011) to prevent the Sun on Sunday revealing details of a well-known entertainer’s extramarital threesome (PJS v News Group Newspapers Ltd [2016] EWCA Civ 100).’

Full story

RPC Data and Privacy Law, 23rd March 2016

Source: www.rpc.co.uk

The injunction is back: entertainer blocks extramarital affair story – The Guardian

Posted March 23rd, 2016 in injunctions, media, news, privacy by tracey

‘An entertainer has prevented a tabloid newspaper from printing details of his extramarital affairs in a case that is expected to trigger a fresh round of legal battles between celebrities and newspapers over privacy injunctions.’

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The Guardian, 22nd March 2016

Source: www.guardian.co.uk

Campaign to save Sheffield’s trees reaches High Court – The Independent

Posted March 23rd, 2016 in environmental protection, injunctions, local government, news, roads, trees by tracey

‘A bitter dispute between campaigners and councillors over a controversial programme to cut down thousands of trees has continued at a hearing at the High Court in London.’

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The Independent, 22nd March 2016

Source: www.independent.co.uk

Couple wins battle over ‘excruciating’ helicopter noise that put Tess Daly off buying their home – Daily Telegraph

Posted March 18th, 2016 in aircraft, damages, injunctions, news, noise, nuisance by tracey

‘A wealthy couple who said “shattering” helicopter noise stymied their hopes of selling their £4m home to Strictly Come Dancing presenter Tess Daly have scored a landmark High Court victory.’

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Daily Telegraph, 17th March 2016

Source: www.telegraph.co.uk

Court of Appeal must maintain brand owners’ right to obtain website blocking orders, says expert – OUT-LAW.com

‘The Court of Appeal in London must maintain the right of brand owners to obtain website blocking orders against internet service providers (ISPs) as a means of enforcing their trade mark rights against infringers, an expert has said.’

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OUT-LAW.com, 24th February 2016

Source: www.out-law.com

Court of Appeal Guidance on Injunctions – Littleton Chambers

Posted February 24th, 2016 in confidentiality, fees, injunctions, news, private hearings by sally

‘First, the Court of Appeal affirmed that it can be (and on the facts was) appropriate to hold hearings in private where a party asserts confidentiality both in the information itself, and also in the “very existence of [the] information”. The Court approved the principle that, where the effect of publicity would be to destroy the subject matter of litigation as to a secret process, it may well be that justice could not be done at all if it had to be done in public. In those circumstances, the general rule as to publicity of Court proceedings must yield to the interests of justice. It is well worth advisors bearing this in mind when dealing with confidential information cases, and making the appropriate applications at the earliest opportunity.’

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Littleton Chambers, 23rd February 2016

Source: www.littletonchambers.com

High Court: contempt of court could form basis of ‘unlawful means’ damages action – OUT-LAW.com

‘Failing to comply with a freezing order in contempt of court could be considered “unlawful means” as part of an action for damages for conspiracy to injure by unlawful means, the High Court has ruled.’

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OUT-LAW.com, 23rd February 2016

Source: www.out-law.com

The Unified Patent Court’s approach to interim injunctions will influence businesses’ patent strategies in Europe, say experts – OUT-LAW.com

‘The ease with which businesses will be able to win interim injunctions to defend against rivals’ infringements of their patents will be influential in determining whether companies engage with the new Unified Patent Court (UPC).’

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OUT-LAW.com, 22nd February 2016

Source: www.out-law.com

No relief from the Supreme Court – Radcliffe Chambers

‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’

Full story

Radcliffe Chambers, 7th January 2016

Source: www.radcliffechambers.com

Gang members banned from Birmingham’s Ladywood – BBC News

Posted January 8th, 2016 in gangs, injunctions, news, violence by tracey

‘Three brothers and a friend have been banned for two years from the area of Birmingham in which they live following the imposition of gang injunctions.’

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BBC News, 8th January 2016

Source: www.bbc.co.uk

Organisations should learn lessons on outsourcing from BT Cornwall case, says expert – OUT-LAW.com

‘Both customers and suppliers can learn lessons on outsourcing from a recent dispute ruled on by the High Court in London.’

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OUT-LAW.com, 7th January 2016

Source: www.out-law.com

Borough council uses ASB and planning laws to secure traveller injunction – Local Government Lawyer

Posted December 18th, 2015 in injunctions, local government, news, planning, travellers by tracey

‘Blackpool Council has secured a High Court injunction – pursuant to Section 1 of the Anti-Social Behaviour Crime and Policing Act 2014 and Section 187B of the Town and Country Planning Act 1990 – stopping 13 named travellers from setting up unauthorised encampments in the borough. The council said it was believed to be the first time in the country that a local authority had used the 2014 Act along with Section 187B of the TCPA to secure an injunction against illegal travellers.’

Full story

Local Government Lawyer, 17th December 2015

Source: www.localgovernmentlawyer.co.uk