Birmingham City Council v James (Secretary of State for the Home Department intervening) – WLR Daily

Posted May 23rd, 2013 in appeals, ASBOs, gangs, injunctions, law reports, local government, violence by sally

Birmingham City Council v James (Secretary of State for the Home Department intervening) [2013] EWCA Civ 552; [2013] WLR (D) 185

“If the conditions in section 34 of the Policing and Crime Act 2009 were met then an injunction to prevent gang-related violence was appropriate. The court would not be required to ask itself whether an anti-social behaviour order under the Crime and Disorder Act 1998 would have provided an adequate remedy.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

Novartis AG v Hospira UK Ltd – WLR Daily

Posted May 22nd, 2013 in appeals, injunctions, law reports, patents by sally

Novartis AG v Hospira UK Ltd [2013] EWHC 1285 (Pat); [2013] WLR (D) 184

“When considering an application for an interim injunction pending an appeal, the court must not mechanically equate the existence of a real prospect of success on an appeal by a losing party with that of a good arguable case on the merits at the outset of proceedings prior to trial so that the granting of an interim injunction at the outset of proceedings before the parties’ rights had been decided would automatically justify an interim injunction pending an appeal.”

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Public has right to know Boris Johnson fathered child during affair, court rules – The Guardian

Posted May 21st, 2013 in appeals, injunctions, media, news, paternity, privacy, public interest by sally

“The public has a right to know that Boris Johnson had an extramarital affair with a woman who later gave birth to their daughter, the appeal court has ruled.”

Full story

The Guardian, 21st May 2013

Source: www.guardian.co.uk

Being civil – NearlyLegal

“Morshead Mansions has been involved in a quite astonishing amount of litigation. Bailii throws up 13 hits, cases in the LVT, Lands Tribunal, High Court and Court of Appeal. It’s really must be the most awful burden on all those involved. And now, there is another case to add to the list, Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch).”

Full story

NearlyLegal, 14th May 2013

Source: www.nearlylegal.co.uk

Judge bars affair revenge naked pictures – Daily Telegraph

Posted May 14th, 2013 in injunctions, news, photography, privacy by sally

“A married woman has won the backing of a High Court judge to stop naked photographs of her being distributed by the man with whom she was having an affair and by his furious girlfriend.”

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Daily Telegraph, 13th May 2013

Source: www.telegraph.co.uk

Ban on images of Jon Venables and Robert Thompson – Attorney General’s Office

Posted May 1st, 2013 in anonymity, injunctions, news, photography, suspended sentences by sally

“Before Jon Venables and Robert Thompson were released from custody, a court ruled that their identities should remain secret. The court granted an injunction which prevents the media or individuals from publishing images which claim to be of Venables and Thompson (whether or not it is them). The injunction is worldwide and applies equally to the internet, social media and mainstream media.”

Full story

Attorney General’s Office, 30th April 2013

Source: www.gov.uk/ago

Court agrees Facebook and Twitter users breached injunction – Attorney General’s Office

Posted April 30th, 2013 in contempt of court, injunctions, internet, news, photography by sally

“Two men who published photographs on Twitter and Facebook said to show the killers of James Bulger have admitted being in contempt of court.”

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Attorney General’s Office,

Source: www.gov.uk/ago

Judge throws out Sir Victor Blank’s bid to stop basement development – Daily Telegraph

Posted April 26th, 2013 in housing, injunctions, news, planning by tracey

“A High Court judge has opened the way for a City trader to build an underground
swimming pool at his London home, despite objections from a string of
high-profile neighbours, including Sir Victor Blank, the former banker, and
Richard Madeley, the television presenter.”

Full story

Daily Telegraph, 25th April 2013

Source: www.telegraph.co.uk

How can the courts manage the Facebook phenomenon? – UK Human Rights Blog

Posted April 24th, 2013 in children, damages, human rights, injunctions, internet, news by sally

“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Anti-social behaviour – The future – Hardwicke Chambers

“In February 2011 the Home Office produced the consultation document ‘More Effective Responses to Anti-Social Behaviour’ – a response to the earlier document ‘The Coalition: our programme for government’.”

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Hardwicke Chambers, 12th April 2013

Source: www.hardwicke.co.uk

Stobart lorry chief faces contempt trial – The Guardian

Posted April 12th, 2013 in contempt of court, injunctions, news, whistleblowers by sally

“The chief executive of Stobart Group, one of Britain’s biggest trucking companies, will go on trial for contempt after a whistleblower partially won a high court case against him and another executive.”

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The Guardian, 11th April 2013

Source: www.guardian.co.uk

Margaret Thatcher and the Constitution – UK Human Rights Blog

“The consequences of Margaret Thatcher’s administration have been long lasting. In many areas of national life Thatcher took the British Bulldog by the scruff of the neck and house-trained it. In the context of the constitution her impact was no less significant.”

Full story

UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

High Court smoothes out Greek yoghurt food fight – The Lawyer

“When is Greek yoghurt legally Greek yoghurt? That was the question put to Mr Justice Briggs in a major IP battle between the makers of Total Greek Yoghurt, Fage UK, and New York-based Chobani.”

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The Lawyer, 3rd April 2013

Source: www.thelawyer.com

Human Rights and Family Law Spring Update – Family Law Week

“Deirdre Fottrell, barrister of Coram Chambers, reviews recent cases involving human rights issues which are of significance to family lawyers.”

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Family Law Week, 22nd March 2013

Source: www.familylawweek.co.uk

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) – WLR Daily

Financial Services Authority v Sinaloa Gold plc and others (Barclays Bank plc intervening) [2013] UKSC 11; [2013] WLR (D) 90

“There was no general rule that the Financial Services Authority acting pursuant to a public duty should be required to give to the court a cross-undertaking in damages in favour of third parties affected by the obtaining of a freezing injunction under section 380(3) of the Financial Services and Markets Act 2000 and/or section 37(1) of the Senior Courts Act 1981.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

EMI Records Ltd and others v British Sky Broadcasting Ltd and others – WLR Daily

EMI Records Ltd and others v British Sky Broadcasting Ltd and others [2013] EWHC 379 (Ch); [2013] WLR (D) 86

“The act of communication to the public for the purposes of article 3(1) of Parliament and Council Directive 2001/29/EC and section 20 of the Copyright, Designs and Patents Act 1988 occurred both where the communication originated and where it was received.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

Open up family court hearings, says senior judge – Daily Telegraph

“A senior judge has made an important ruling in favour of transparency in the family courts.”

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Daily Telegraph, 2nd March 2013

Source: www.telegraph.co.uk

Regulators need not guarantee third party losses when freezing assets, Supreme Court confirms – OUT-LAW.com

“Bodies acting under a ‘public law duty’ do not need to cover losses incurred by third parties when they ‘freeze’ the assets of a company under investigation, the Supreme Court has confirmed.”

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OUT-LAW.com, 28th February 2013

Source: www.out-law.com

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) – Supreme Court

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) [2013] UKSC 11 | UKSC 2011/0244 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Internal Disciplinary Hearings and Injunctions – Littleton Chambers

“Dr Chhabra is a consultant psychiatrist at Broadmoor Hospital. She was alleged by a member of the public to have breached patient confidentiality whilst travelling on a train (an allegation that might cause lawyers who work on trains pause for thought…). Her employer Trust appointed an outside psychiatrist to investigate the allegations under the Trust’s procedures, implementing ‘Maintaining High Professional Standards in the Modern NHS’. The case manager, on reviewing the investigator’s report, decided that the matter should be brought before a disciplinary hearing at which Dr. Chhabra would face allegations of gross misconduct that may have led to dismissal. Separately the Trust referred capability concerns relating to Dr. Chhabra that had also been considered in the investigator’s report, to the National Clinical Assessment Service (‘NCAS’).”

Full story

Littleton Chambers, 12th February 2013

Source: www.littletonchambers.com