M/T Prestige litigation and arbitration: key takeaways – Hardwicke Chambers

Posted February 18th, 2021 in arbitration, contracts, injunctions, news, state immunity by sally

‘The latest two decisions arising out of the aftermath of the Prestige oil spill in 2002 have shed some light on three major areas of the English law of arbitration. The Commercial Court’s two decisions in London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain ([2020] (EWHC 1582) and The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain [2020] (EWHC 1920) provide an insightful analysis into the scope of the so-called “conditional benefit” principle, the powers of an arbitrator to grant injunctive relief and the court’s interpretation of the arbitration exception in the Brussels Recast Regulation.’

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Hardwicke Chambers, 17th February 2021

Source: hardwicke.co.uk

Council secures injunction against man who circumvented redaction in child protection papers – Local Government Lawyer

‘The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare.’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Angela Wrightson: Teenage torture killers keep anonymity – BBC News

‘Two teenagers who tortured and murdered a vulnerable woman in her own home have been granted lifelong anonymity.’

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BBC News, 4th February 2021

Source: www.bbc.co.uk

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings – Local Government Lawyer

‘Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.’

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Local Government Lawyer, 3rd February 2021

Source: www.localgovernmentlawyer.co.uk

Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers

‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’

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Becket Chambers, 5th January 2021

Source: becket-chambers.co.uk

Local authority secures compliance with High Court injunction to restore plot of land to open countryside – Local Government Lawyer

‘Buckinghamshire Council last month secured compliance with a High Court injunction to restore land to open countryside.’

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Local Government Lawyer, January 2021

Source: www.localgovernmentlawyer.co.uk

Trump’s challenges to the US election: What would happen here? – 4-5 Gray’s Inn Square

‘In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne Sedgley draw comparison with the means of challenging elections in England.’

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4-5 Gray's Inn Square, 2nd December 2020

Source: www.4-5.co.uk

Family Law Newsletter #41 – Spire Barristers

‘Issue #41 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 19th November 2020

Source: spirebarristers.co.uk

Court of Appeal says car cruising was “classic case for the grant of an injunction” – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal over whether a car-cruising injunction was properly granted, given what was said to be the alternative remedy available to Birmingham City Council of itself making a public spaces protection order (PSPO).’

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Local Government Lawyer, 11th November 2020

Source: www.localgovernmentlawyer.co.uk

Cryptoassets – Obtaining English Freezing and Proprietary Injunctions in Relation to Cyberfraud – Littleton Chambers

‘The theft and misappropriation of cryptoassets, typically Bitcoin, Ethereum and other virtual cryptocurrencies, by fraudsters is becoming increasingly common, and thus the subject-matter of civil fraud litigation. This article considers how parties can obtain the “nuclear weapon” of the worldwide proprietary or freezing order against cryptoassets.’

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Littleton Chambers, 13th October 2020

Source: littletonchambers.com

Disputed burial and the Senior Courts Act 1981: Ganoun – Law & Religion UK

Posted November 2nd, 2020 in bereavement, burials and cremation, families, immigration, injunctions, news, visas by tracey

‘The issue in Ganoun v Joshi & Anor [2020] EWHC 2743 (Ch) was the disposal of the remains of a man who died in September 2020 as a result of a road traffic accident leaving a widow, Ms Joshi [1 & 3].’

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Law & Religion UK, 30th October 2020

Source: lawandreligionuk.com

Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square

‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’

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4 New Square, 14th October 2020

Source: www.4newsquare.com

The costs of freezing order applications – Littleton Chambers

Posted October 28th, 2020 in chambers articles, costs, freezing injunctions, injunctions, news by sally

‘The question of what costs order should follow the grant of interim injunctive relief is of obvious practical significance to parties. While costs will generally be awarded against the applicant if interim relief is refused, the costs position after a grant of relief is far less predictable. Cases can be found where judges have made costs orders against respondents, or where costs issues have been deferred until trial. Most turn on their own facts and procedural histories.’

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Littleton Chambers, 21st October 2020

Source: littletonchambers.com

Supreme Court decision on governing law of arbitration agreement – Littleton Chambers

‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’

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Littleton Chambers, 9th October 2020

Source: littletonchambers.com

Angela Wrightson: Teen murderers ‘at risk’ if named – BBC News

Posted October 26th, 2020 in anonymity, children, injunctions, murder, news, young offenders by sally

‘Two teenagers who tortured and murdered a vulnerable woman in her own home would be at “risk of harm” if their identities are not kept secret for life, the High Court has heard.’

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BBC News, 23rd October 2020

Source: www.bbc.co.uk

Civil Justice Council report identifies significant problems around anti-social behaviour injunctions – Local Government Lawyer

Posted October 21st, 2020 in anti-social behaviour, civil justice, injunctions, local government, news by sally

‘Anti-social behaviour injunctions (ASBIs) – which were introduced by the Anti-Social Behaviour Crime and Policing Act 2014 – are not working, a report published this month by the Civil Justice Council has claimed.’

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Local Government Lawyer, 20th October 2020

Source: www.localgovernmentlawyer.co.uk

Elton John and ex-wife Renate Blauel settle legal dispute – The Guardian

Posted October 15th, 2020 in divorce, injunctions, media, news, privacy by tracey

“Sir Elton John and his ex-wife, Renate Blauel, have settled a legal case brought after details of the marriage were featured in the singer’s memoir and biopic.”

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The Guardian, 14th October 2020

Source: www.theguardian.com

New Judgment: Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 – UKSC Blog

‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’

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UKSC Blog, 9th October 2020

Source: ukscblog.com

London borough wins High Court battle over community centre ownership – Local Government Lawyer

Posted October 7th, 2020 in injunctions, local government, London, news, planning by tracey

‘Brent Council has won a High Court dispute over the ownership of a community centre site and secured an injunction restraining the defendants from making any applications to register a restriction against the property.’

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Local Government Lawyer, 6th October 2020

Source: www.localgovernmentlawyer.co.uk

The Parable of the Property Developer – Nearly Legal

Posted September 7th, 2020 in damages, injunctions, landlord & tenant, news, repossession by sally

‘An unlawful eviction case, but not a residential one. A note because it is an interesting case of a badly behaved property developers, a church an a question over general damages.’

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Nearly Legal, 6th September 2020

Source: nearlylegal.co.uk