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.’

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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 sally

‘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 sally

‘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.’

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Local Government Lawyer, 17th December 2015

Source: www.localgovernmentlawyer.co.uk

Supreme Court: no “material change” means no second application for relief from sanctions – Litigation Futures

‘Litigants are not entitled to make a second application for relief from sanctions unless there has been a “material change in circumstances”, the Supreme Court has ruled.’

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Litigation Futures, 17th December 2015

Source: www.litigationfutures.com

E-Privacy Goes Mobile – Panopticon

Posted December 3rd, 2015 in conspiracy, injunctions, internet, news, privacy, regulations, telecommunications by sally

‘Although most readers of this blog will be familiar, to some extent, with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”), they are a rarely sighted beast in the reported jurisprudence. Panopticon is aware of individual damages claims brought in the County Courts for small sums, but even they are few and far between.’

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Panopticon, 2nd December 2015

Source: www.panopticonblog.com

Police’s ’12 errors’ as investigation into death of toddler Poppi Worthington went nowhere – Daily Telegraph

Posted November 26th, 2015 in children, complaints, injunctions, inquests, news, police, public interest by sally

‘A judge has listed 12 separate errors made by police as they investigated the death of Poppi Worthington, finally lifting a veil of secrecy that has barred the public from knowing anything about how the toddler died three years ago.’

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Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

Expectations of privacy abroad – Panopticon

Posted November 24th, 2015 in appeals, children, foreign jurisdictions, injunctions, news, photography, privacy by sally

‘As all celebrities know, to get the High Court to stop paparazzi pictures of you from being published, the first thing you have to do is show you had a reasonable expectation of privacy. But what if you were snapped outside of the jurisdiction and whilst English law principles suggest that you did have such an expectation, the local law where the photographs were taken says you do not?’

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Panopticon, 23rd November 2015

Source: www.panopticonblog.com

Finance & Divorce Update November 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during October 2015.’

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Family Law Week, 3rd November 2015

Source: www.familylawweek.co.uk

Top actor wins legal ban on “revenge porn” material – Daily Telegraph

Posted October 13th, 2015 in harassment, injunctions, internet, news, pornography by sally

‘A top actor has won a High Court ruling preventing sexually explicit material and “revenge porn” from being published.’

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Daily Telegraph, 12th October 2015

Source: www.telegraph.co.uk

Man jailed for second time for breaching anti-social behaviour injunction – Local Government Lawyer

Posted October 6th, 2015 in anti-social behaviour, injunctions, news, recidivists, sentencing by sally

‘A Bristol man has been jailed for three months for persistently breaching an anti-social behaviour injunction.’

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Local Government Lawyer, 6th October 2015

Source: www.localgovernmentlawyer.co.uk

Judge criticises ‘chaotic’ rules on media coverage of divorce disputes – The Guardian

Posted September 29th, 2015 in divorce, injunctions, judges, media, news, regulations, reporting restrictions by sally

‘Regulations concerning media reporting of how divorcing couples divide up their disputed assets are chaotic, a senior family court judge has acknowledged.’

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The Guardian, 28th September 2015

Source: www.guardian.co.uk

Schoolgirls need protection from forced marriage, Ofsted warned – The Guardian

‘The founder of a charity that offers helplines and refuge to women escaping from forced marriages has called on Ofsted inspectors to focus on the issue when visiting schools where girls may be at risk.’

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The Guardian, 26th September 2015

Source: www.guardian.co.uk

The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC – NIPC Law

Posted September 22nd, 2015 in injunctions, medicines, news, patents by sally

‘According to drugs.com, pregabalin is an anti-epileptic drug which works by slowing down impulses in the brain that cause seizures. A European patent for the drug was granted to Warner-Lambert Co, LLC (“Warner-Lambert”)(now a subsidiary of Pfizer Inc.) under EP number 0 641 330. That patent expired on 17 May 2013 but was extended by a supplementary protection certificate (“SPC”) until 17 May 2018. That SPC was allowed to lapse on 14 Oct 2013 and Warner-Lambert’s data exclusivity in respect of the data used to obtain the marketing authorisation for prehabalin expired on 8 July 2014. Since then anybody has been free to make, import or sell pregabalin for treating epilepsy and generalized anxiety disorder in the United Kingdom and several companies including some of the parties to these proceedings have done just that.’

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NIPC Law, 18th September 2015

Source: www.nipclaw.blogspot.co.uk

Media and privacy law – Law Society’s Gazette

Posted September 22nd, 2015 in injunctions, media, news, privacy by sally

‘The spring of 2011 saw a rise in hysteria over privacy law. Superinjunctions were being simultaneously dismantled using the ancient protections afforded to debates in parliament, and more modern protections of anonymous postings on social media.’

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Law Society’s Gazette, 21st September 2015

Source: www.lawgazette.co.uk

Injunction and damages in libel case awarded against anonymous website – UK Human Rights Blog

Posted September 18th, 2015 in damages, defamation, injunctions, internet, news by sally

‘Brett Wilson LLP v Person(s) Unknown, Responsible for the Operation of the Website solicitorsfromhell.co.uk, 7 September (Warby J) [2015] EWHC 2628 (QB). This was a claim in libel by a firm of solicitors who acted for another firm which also claimed against the operators of SFHUK, causing the original site to be shut down (Law Society v Rick Kordowski [2011]). In this case the words complained of appeared on a new site, but despite efforts by the present claimants, it was not possible to find out who was operating it. The site alleged various aspects of mismanagement, including incompetence and fraud. It also quoted a client of the claimant firm who alleged overcharging and who refused to pay their fees. (It is worth noting that the site appears to have been taken down since default judgement was given in this case).’

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UK Human Rights Blog, 17th September 2015

Source: www.ukhumanrightsblog.com