Category: injunctions

Limiting the scope of injunctions in family cases – UK Human Rights Blog

Posted November 5th, 2013 in care orders, children, family courts, injunctions, local government, media, news, social services by sally

“In this case the President of the Family Division, Sir James Munby, considered an application for a contra mundum injunction by Staffordshire County Council. He emphasised that the only proper purpose of such an injunction was to protect the child and refused to make an order in the wide terms sought by the Council. As a result, he allowed the publication of video footage and photographs of a baby being removed from its parents.”

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UK Human Rights Blog, 5th November 2013

Source: www.ukhumanrightsblog.com

Commercial Court upholds worldwide freezing order in support of English arbitration against foreign nonarbitrating parties – 11 Stone Buildings

Posted October 30th, 2013 in arbitration, Commercial Court, freezing injunctions, jurisdiction, news by sally

“In PJSC Vseukrainskyi Aktsionernyi Bank v Sergey Maksimov and others [2013] EWHC 3203 (Comm), Blair J dismissed an application to discharge a worldwide freezing order made against non-arbitrating parties in support of an LCIA arbitration in long-running commercial court proceedings. Charles Samek QC lists three reasons why the case is of importance.”

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11 Stone Buildings, October 2013

Source: www.11sb.com

Newspapers seek injunction over press regulation royal charter – The Guardian

Posted October 29th, 2013 in charters, freedom of expression, injunctions, media, news, Privy Council by sally

“Newspaper and magazine publishers are seeking an injunction to prevent the government’s plan for a new press regulation regime getting the royal seal of approval this week.”

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The Guardian, 28th October 2013

Source: www.guardian.co.uk

Last gasp of the super-injunction – RPC Privacy Law

Posted October 21st, 2013 in data protection, human rights, injunctions, news, privacy, statistics by sally

“Super-injunctions are almost an extinct species. ‘Non-super’ privacy injunctions however remain alive and kicking with according to recent figures a 100% success rate on interim applications.”

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RPC Privacy Law, 21st October 2013

Source: www.rpc.co.uk

Ofsted fairness standards graded inadequate – Halsbury’s Law Exchange

Posted October 21st, 2013 in complaints, freedom of information, human rights, injunctions, judicial review, news, ombudsmen, oral hearings, quality assurance, school children, standards by sally

“The Care Quality Commission has made headlines recently with the focus on inadequacies in its processes as a regulator and its failure to spot sub-standard and even dangerous levels of care. Its fellow regulator Ofsted, however, is more likely to be accused of being over – rather than under – zealous, but its approach has been subject to far less scrutiny.”

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Halsbury’s Law Exchange, 18th October 2013

Source: www.halsburyslawexchange.co.uk

High Court grants injunction to losing bidder over £1bn waste contract award – Local Government Lawyer

Posted October 9th, 2013 in contracts, costs, damages, delay, energy, injunctions, news, public interest, public procurement, waste by sally

“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”

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Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Aarhus, the A-G, and why the rules on interim remedies need to change – UK Human Rights Blog

Posted September 30th, 2013 in attorney general, costs, cross-claims, damages, EC law, environmental protection, injunctions, judicial review, news by sally

“I did an initial post here summarising this opinion from the A-G to the CJEU saying that the UK was in breach of two EU Directives about environmental assessment and pollution control – the breaches concerned our system for litigation costs. It struck me that there was a lot in the opinion, and after some re-reads, I continue to think so. So I will deal in this post with one aspect, namely the finding that the UK is in breach, in requiring an undertaking as to damages by the claimant to back up the claimant’s interim injunction – in the jargon, a cross-undertaking.”

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UK Human Rights Blog, 27th September 2013

Source: www.ukhumanrightsblog.com

Judge rejects ban on naming and shaming social workers – Daily Telegraph

Posted September 6th, 2013 in anonymity, injunctions, news, reporting restrictions, social services by sally

“The most senior family judge in England and Wales has rejected a legal bid to ban the naming and shaming of social workers in a controversial case which saw a baby taken from his parents against their will.”

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Daily Telegraph, 5th September 2013

Source: www.telegraph.co.uk

Ministry of Sound sues Spotify for copyright infringement – The Guardian

Posted September 4th, 2013 in artistic works, copyright, injunctions, internet, news by sally

“Dance music brand Ministry of Sound is suing Spotify for copyright infringement, claiming the streaming music company has refused to delete users’ playlists that copy its compilation albums.”

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The Guardian, 4th September 2013

Source: www.guardian.co.uk

Soca wields new powers to freeze global assets of super-rich foreigners – The Independent

Posted September 3rd, 2013 in assets recovery, foreign jurisdictions, fraud, freezing injunctions, investigatory powers, legislation, news, regulations by sally

“The embattled Serious Organised Crime Agency heads into fresh controversy on Tuesday as it emerges it has won sweeping new powers allowing it to freeze assets of super-rich foreigners suspected of fraud.”

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The Independent,

Source: www.independent.co.uk

Activists barred from badger protest – The Independent

Posted August 23rd, 2013 in agriculture, animals, demonstrations, injunctions, news, trade unions by sally

“A High Court judge granted an injunction today that will allow people to protest peacefully against the controversial badger cull within the trial culling zones, but bar a handful of named hardcore activists from the area.”

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The Independent, 22nd August 2013

Source: www.independent.co.uk

UK terror law watchdog promises rapid report on David Miranda detention – The Guardian

Posted August 23rd, 2013 in immigration, injunctions, investigatory powers, media, ministers' powers and duties, news, police, reports, terrorism by sally

“Britain’s anti-terror laws watchdog is to investigate whether laws were used “lawfully, appropriately and humanely” when police detained David Miranda at Heathrow airport for nine hours.”

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The Guardian, 22nd August 2013

Source: www.guardian.co.uk

Farmers Union applies for injunction that aims to stop badger cull protests – The Independent

Posted August 22nd, 2013 in agriculture, animals, demonstrations, injunctions, news, pilot schemes, trade unions by sally

“If granted by the High Court, it would prevent any protest against the pilot scheme.”

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The Independent, 21st August 2013

Source: www.independent.co.uk

JSC BTA Bank v Ablyazov (No 10) – WLR Daily

Posted July 29th, 2013 in banking, disclosure, fraud, freezing injunctions, law reports, loans, news by sally

JSC BTA Bank v Ablyazov (No 10) [2013] EWCA Civ 928; [2013] WLR (D) 305

“In determining the meaning of the term ‘assets’ in a freezing order, account should be taken, as part of the background and context of such orders, of their purpose, in the way that anyone construing any document should take account of the background of it. Where the words used clearly and unequivocally led to the conclusion that the term ‘asset’ included that which could not be the subject of execution, effect must be given to the words. Where they did not, the purpose of such orders would be a significant factor in determining the meaning of the term ‘asset’ in that context and a pointer against including the particular right under consideration.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Injunctions against ISPs Part VI: The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others – NIPC Law

Posted July 22nd, 2013 in copyright, injunctions, internet, news, sport by sally

“In The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others [2013] EWHC 2058 (Ch) (16 July 2013) Mr. Justice Arnold granted an injunction under s.97A of the Copyright, Designs and Patents Act 1988 against the top 6 internet service providers in the UK to block access to the First Row Sports website. As the judge had already made similar orders against the same defendants in Newzbin2 (see “Injunctions against ISPs” 6 Nov 26), Dramatico (‘Injunctions against ISPs Part III: Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd. and Others’) and EMI (‘Injunctions against ISPs Part V: EMI Records Ltd and Others v British Sky Broadcasting Ltd and Others’ 5 March 2013) they did not defend the application but instead agreed the terms of the order with the Premier League. However, as the judge acknowledged at paragraph [7] of his judgment, that did not absolve the Court of the responsibility of determining whether the orders sought were justified.”

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NIPC Law, 20th July 2013

Source: www.nipclaw.blogspot.co.uk

Important judgment on freezing orders & ex parte orders commented on by David Partington – Sovereign Chambers

Posted July 19th, 2013 in divorce, freezing injunctions, news by sally

“Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.”

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Sovereign Chambers, 25th June 2013

Source: www.sovereignchambers.co.uk

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another – WLR Daily

Posted July 18th, 2013 in injunctions, law reports, patents by sally

Merck Sharp Dohme Corpn and another v Teva Pharma BV and another: [2013] EWHC 1958 (Pat);   [2013] WLR (D)  283

“When considering a claim for an injunction to prevent a threatened infringement of a patent and a supplementary protection, the court had to consider whether, in all the circumstances, there was a sufficiently strong probability that an injunction was required to prevent the harm to the claimant to justify bringing the proceedings.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Ruling highlights need for clear policy on social media account ownership, says expert – OUT-LAW.com

Posted July 11th, 2013 in confidentiality, employment, injunctions, intellectual property, internet, media, news by sally

“A ruling by the High Court has highlighted the need for businesses to operate a ‘clear policy’ on ownership of social media accounts used by staff for business purposes, an expert has said.”

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OUT-LAW.com, 11th July 2013

Source: www.out-law.com

Finance and Divorce Update – Family Law Week

Posted July 9th, 2013 in divorce, families, financial provision, freezing injunctions, marriage, news, periodical payments by sally

“Jessica Craigs, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in June.”

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Family Law Week, 8th July 2013

Source: www.familylawweek.co.uk

Senior lawyer takes out injunction to cover up affair – The Independent

Posted July 5th, 2013 in freedom of expression, injunctions, news, privacy, solicitors by sally

“A senior lawyer has taken out a gagging order typically reserved for philandering footballers to cover up details of his affair with a younger woman.”

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The Independent, 4th July 2013

Source: www.independent.co.uk