Category: injunctions

Saga delayed: A report on the continuing West Tankers saga – No. 5 Chambers

Posted July 27th, 2015 in arbitration, EC law, injunctions, jurisdiction, news by sally

‘The injustice of delay is a “long standing principle of the common law” (Moore v SSCLG [2015] EWHC44 (Admin)), at least from Magna Carta’s “… we will not… defer… Justice or Right”. ECHRs’ Art6(1) begins “In the determination of his civil rights and obligations… everyone is entitled to a… hearing within a reasonable time…” The ECJ’s West Tankers judgment seems to depart from this.’

Full story

No. 5 Chambers, 6th July 2015

Source: www.no5.com

Former Tower Hamlets mayor Lutfur Rahman has assets frozen by High Court judge – The Independent

Posted July 8th, 2015 in corruption, costs, freezing injunctions, news by sally

‘A former mayor has had hundreds of thousands of pounds worth of assets frozen by a High Court judge after being found guilty of corrupt and illegal practices.’

Full story

The Independent, 7th July 2015

Source: www.independent.co.uk

Council secures lifelong reporting restrictions order in favour of 17-year-old – Local Government Lawyer

Posted July 3rd, 2015 in anonymity, child abuse, injunctions, local government, news, reporting restrictions, victims, young persons by tracey

‘Birmingham City Council has secured a lifelong reporting restrictions order (RRO) in favour of a 17-year-old woman, AB, who was sexually exploited by ten respondents to the proceedings.’

Full story

Local Government Lawyer, 2nd July 2015

Source: www.localgovernmentlawyer.co.uk

Judge’s Instagram ruling a ‘practical solution’ to problems of online anonymity, says expert – OUT-LAW.com

Posted June 30th, 2015 in anonymity, civil procedure rules, complaints, disclosure, documents, harassment, injunctions, internet, news, sexual offences by sally

‘A judge’s decision to allow a man experiencing alleged harassment over the internet to serve legal claims to the person accused of the activity via Instagram “appears to be a practical solution” to the issue of online anonymity, an expert has said.’

Full story

OUT-LAW.com, 26th June 2015

Source: www.out-law.com

Guidance Notes for Chancery Masters following Changes to Practice Direction 2B – Courts and Tribunals Judiciary

Posted June 19th, 2015 in civil justice, injunctions, judiciary, news by tracey

‘Guidance Notes for Chancery Masters following Changes to Practice Direction 2B.’

Full text

Courts and Tribunals Judiciary, 16th June 2015

Source: www.judiciary.gov.uk

Changes in legislation reflected in new gang definition – Home Office

Posted June 9th, 2015 in crime prevention, drug offences, gangs, injunctions, press releases by tracey

‘The Home Office has today (8 June) published revised statutory guidance to reflect changes to the legislation on gang injunctions.’

Full press release

Home Office, 8th June 2015

Source: www.gov.uk/home-office

How to stop your business leaving the building… – Technology Law Update

Posted May 28th, 2015 in company directors, competition, employment, injunctions, intellectual property, news by sally

‘The nightmare scenario. Your co-directors leave and set up a competing business. They lure employees to join them and use your systems and processes to create a copycat product or service. What can you do?’

Full story

Technology Law Update, 27th May 2015

Source: www.technology-law-blog.co.uk

Famous woman wins court injunction to stop details of her affair with high profile married man being leaked by lover – The Independent

Posted May 27th, 2015 in human rights, injunctions, married persons, news, privacy by sally

‘A high profile celebrity woman, who has been described as a “figure of trust”, has been granted a court injunction to prevent her lover from leaking details of her affair with a famous married man to the press.

Full story

The Independent, 22nd May 2015

Source: www.independent.co.uk

Je suis James: Pianist finally allowed to tell his story of sexual abuse – UK Human Rights Blog

Posted May 26th, 2015 in appeals, child abuse, children, injunctions, news, publishing, Supreme Court by sally

‘The case considered whether Mr Rhodes could be prevented from publishing his memoir on the basis that to do so would constitute the tort of intentionally causing harm. Those acting on behalf of Mr Rhodes’ son were particularly concerned about the effect upon him of learning of details of his father’s sexual abuse as a child.’
Full story

UK Human Rights Blog, 22nd May 2015

Source: www.ukhumanrightsblog.com

Pianist James Rhodes can publish child abuse memoir – BBC News

Posted May 21st, 2015 in appeals, child abuse, children, freedom of expression, injunctions, news, publishing by sally

‘A concert pianist has won a legal battle to publish an autobiographical book giving details of sexual abuse he experienced as a child.’

Full story

BBC News, 20th May 2015

Source: www.bbc.co.uk

Millionaire businessman wins gagging order over alleged sex parties – Daily Telegraph

Posted May 8th, 2015 in blackmail, contempt of court, employment tribunals, fraud, injunctions, news, perjury by tracey

‘A multi-millionaire businessman has won a permanent ban on a former friend and business colleague from exposing details of alleged sex and drugs parties.’

Full story

Daily Telegraph, 7th May 2015

Source: www.telegraph.co.uk

Cheating Premier League footballer at centre of one-night stand blackmail plot should be named, says judge – Daily Telegraph

Posted March 26th, 2015 in anonymity, appeals, blackmail, costs, injunctions, news by sally

‘Justice Warby rules an anonymity order protecting a wealthy well-known defender who had a one-night stand despite having a long term partner and child should be lifted.’

Full story

Daily Telegraph, 25th March 2015

Source: www.telegraph.co.uk

New powers make it easier to tackle anti-social behaviour – Home Office

Posted March 25th, 2015 in alcohol abuse, injunctions, news, nuisance, victims by sally

‘Simpler and more flexible powers introduced by Coalition Government put victims and communities at heart of the response.’

Full story

Home Office, 23rd March 2015

Source: www.gov.uk/home-office

Children: Public Law Update (March 2015) – Family Law Week

Posted March 5th, 2015 in adoption, appeals, care orders, children, damages, injunctions, legal aid, local government, news by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

Full story

Family Law Week, 3rd March 2015

Source: www.familylawweek.co.uk

JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev – WLR Daily

Posted March 4th, 2015 in appeals, banking, disclosure, foreign jurisdictions, freezing injunctions, injunctions, law reports, Russia, trusts by sally

JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev [2015] EWCA Civ 139; [2015] WLR (D) 94

‘Under the terms of a freezing order the court had jurisdiction to order a member of a class of beneficiaries under a discretionary trust to make disclosure of the details of the trust and the trust assets.’

WLR Daily, 27th February 2015

Source: www.iclr.co.uk

R (James) v HM Prison Birmingham and others – WLR Daily

Posted February 18th, 2015 in committals, contempt of court, gangs, injunctions, judicial review, law reports, prisons, sentencing by sally

R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59

‘There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.’

WLR Daily, 9th February 2015

Source: www.iclr.co.uk

Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners – WLR Daily

Posted February 11th, 2015 in damages, injunctions, law reports, liquidators, winding up by sally

Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners [2015] EWHC 225 (Ch); [2015] WLR (D) 53

‘The undertaking in damages given on the appointment of a provisional liquidator did not automatically terminate on the making of a winding up order so as to deprive the court of jurisdiction to enforce the undertaking by ordering an inquiry as to damages.’

WLR Daily, 6th February 2015

Source: www.iclr.co.uk

CAT power to issue cost-capped injunctions will improve competition law enforcement, says expert – OUT-LAW.com

Posted January 27th, 2015 in appeals, bills, competition, costs, injunctions, news, small businesses, tribunals by sally

‘FOCUS: Proposed changes to the workings of the Competition Appeals Tribunal (CAT) will make it more likely that competition law is enforced and will give some smaller companies a boost in pursuing competition claims.’

Full story

OUT-LAW.com, 23rd January 2015

Source: www.out-law.com

Attempt to ban performing artist’s abuse memoir ‘threatens free speech’ – The Guardian

Posted January 20th, 2015 in appeals, freedom of expression, injunctions, news, publishing, Supreme Court by sally

‘An attempt to prevent a performing artist from publishing his memoir on the grounds that its contents would be distressing for his son to read has opened up “a new, substantial and unpredictable threat to freedom of expression”, lawyers representing free speech campaigners have told the UK supreme court.’

Full story

The Guardian, 19th January 2015

Source: www.guardian.co.uk

Grime Rap ‘Gangbo’ appeal fails in High Court – Diarmuid Laffan – UK Human Rights Blog

Posted January 19th, 2015 in appeals, bills, gangs, human rights, injunctions, interpretation, news, police by tracey

‘Chief Constable of the Greater Manchester Police v Scott Calder [2015]. The Greater Manchester Police (‘GMP’) have been unsuccessful in an attempt to obtain an Injunction to Prevent Gang-Related Violence (“IPGV” or “Gangbo”) against Scott Calder. The application was based on police intelligence and the lyrics of Mr Calder’s YouTube Grime Rap videos. On 14 January 2015, Mr Justice Blake dismissed the GMP’s appeal to the High Court, and in doing so laid out guidance on the purpose and ambit of the IPGV legislation, which is currently being substantially amended by Parliament.’

Full story

UK Human Rights Blog, 19th January 2015

Source: www.ukhumanrightsblog.com