Creditor refused injunction to deprive debtor his pension – OUT-LAW.com

Posted December 10th, 2024 in debts, injunctions, insolvency, news, pensions by tracey

‘A creditor has been prohibited from obtaining a mandatory injunction that would have required a debtor to draw down a lump sum from his occupational pension scheme for the purpose of paying a default judgment.’

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OUT-LAW.com, 9th December 2024

Source: www.pinsentmasons.com

Orders for forced entry after injunction – Nearly Legal

‘This was a County Court appeal from a first instance decision by a District Judge that the Court did not have jurisdiction under Civil Procedure Rule 25.1 to make an order allowing Sovereign to force entry to their tenant’s, Ms Hall, property.’

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Nearly Legal, 8th December 2024

Source: nearlylegal.co.uk

Positive requirements in ASB injunctions – Local Government Lawyer

Posted December 4th, 2024 in anti-social behaviour, appeals, injunctions, local government, news by tracey

‘Daryl Bigwood looks at the lessons from a successful appeal over a judge’s refusal to include a positive requirement in an ASB injunction.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Tommy Robinson jailed for 18 months after admitting contempt of court – The Guardian

Posted October 29th, 2024 in contempt of court, defamation, guilty pleas, injunctions, news, sentencing by tracey

‘The far-right activist Tommy Robinson has been jailed for 18 months for contempt of court for repeating false allegations against a Syrian refugee, in breach of an injunction.’

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The Guardian, 28th October 2024

Source: www.theguardian.com

National firm Foot Anstey wins injunction against litigant who harassed staff – Law Society’s Gazette

Posted October 23rd, 2024 in families, harassment, injunctions, law firms, news, wills by tracey

‘A disgruntled litigant who made threatening calls to a law firm has been banned from making any direct further contact with the practice.’

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Law Society's Gazette, 22nd October 2024

Source: www.lawgazette.co.uk

Law firm granted injunction after “obscene and criminal” phone calls – Legal Futures

Posted October 22nd, 2024 in families, harassment, injunctions, law firms, news, wills by tracey

‘A law firm has been granted an injunction by the High Court after four female members of staff received anonymous, “obscene and criminal” phone calls.’

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Legal Futures, 22nd October 2024

Source: www.legalfutures.co.uk

Court “lacks jurisdiction” to protect party’s lawyers from abuse – Legal Futures

Posted October 21st, 2024 in appeals, confidentiality, employment, harassment, injunctions, jurisdiction, law firms, news by tracey

‘The High Court does not have jurisdiction to grant claimants a protective injunction stopping a defendant from harassing their lawyers, a judge has ruled.’

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Legal Futures, 21st October 2024

Source: www.legalfutures.co.uk

Damages as an adequate remedy in Employee Competition claims – Blackstone Chambers

Posted October 18th, 2024 in chambers articles, competition, damages, employment, injunctions, news by sally

‘Much ink will be spilt over the Supreme Court’s decision in Tesco Stores v USDAW [2024] UKSC 28 relating to an implied contractual term preventing Tesco from firing (and then rehiring) employees in order to remove guaranteed retained pay, and consequential injunctive relief to prevent the same. Here, I consider only one issue from that decision that impacts on applications for injunctions in the employee competition sphere: the question of damages as an adequate remedy.’

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Blackstone Chambers, 23rd September 2024

Source: www.employeecompetition.com

Clarity on the Merits Threshold for Freezing Injunctions: the Court of Appeal in Isabel dos Santos v Unitel S.A. – The 36 Group

Posted October 16th, 2024 in appeals, chambers articles, costs, freezing injunctions, injunctions, loans, news by tracey

‘By a Judgment handed down on 30 September 2024 the Court of Appeal dismissed an appeal by Ms Isabel dos Santos against a worldwide freezing order (WFO) and a consequential costs order granted against her by Bright J on 20 December 2023. The Judgment provides welcome clarity in the wake of conflicting authority on the proper approach to the merits threshold for obtaining a freezing injunction, and also confirms the approach to be taken on costs.’

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The 36 Group, 9th October 2024

Source: 36group.co.uk

A rose by any other name: ‘a good arguable case’ in Isabel dos Santos v Unitel – 4 New Square

Posted October 16th, 2024 in appeals, chambers articles, freezing injunctions, injunctions, news by tracey

‘In this article, 4 New Square Chambers’ Seohyung Kim analyses a recent Court of Appeal judgment that restates and clarifies the law regarding freezing injunctions.’

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4 New Square, 2nd October 2024

Source: www.4newsquare.com

High Court judge gives reasons for granting councils five-year injunction over Just Stop Oil protests – Local Government Lawyer

‘The High Court has granted Thurrock Council and Essex County Council a five-year injunction subject to yearly review against persons unknown in response to protest activity by Just Stop Oil.’

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Local Government Lawyer, 15th October 2024

Source: www.localgovernmentlawyer.co.uk

Deceased solicitor’s partner told to delete posts attacking executors – Legal Futures

‘The High Court has ordered the partner of a leading Birmingham solicitor, who died at the end of last year, to remove social media posts accusing his executors, one of whom is a director of his law firm, of misconduct.’

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Legal Futures, 7th October 2024

Source: www.legalfutures.co.uk

Tackling theft or improper use of confidential information in the civil courts – OUT-LAW.com

‘Businesses faced with the theft or unauthorised use of their confidential data have a suite of remedies available to them in the civil courts to recover that data or prevent its further use.’

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OUT-LAW.com, 19th September 2024

Source: www.pinsentmasons.com

Granting injunctions against ‘newcomers’ — practical guidance from property litigators – Local Government Lawyer

Posted September 13th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by tracey

‘The Supreme Court’s decision in Anglo International Upholland Ltd v Wainwright [2023] 5 WLUK 613 confirmed the court’s power to grant injunctions against so-called “newcomers”. In the second of two articles, Helena Davies, Oskar Musial, Laura Tweedy and Gemma de Cordova consider the recent developments in newcomer injunctions and how that was dealt with in Upholland.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal—inexpedient to grant freezing injunction in support of purely foreign proceedings (Mex Group Worldwide Ltd v Ford) – Gatehouse Chambers

‘The Court of Appeal considered an appeal against the decision at a return date to set aside a worldwide freezing order made without notice, as against a number of defendants.’

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Gatehouse Chambers, 28th August 2024

Source: gatehouselaw.co.uk

High Court judge criticises council over handling of contempt proceedings in dispute over riverboats – Local Government Lawyer

Posted August 30th, 2024 in injunctions, local government, news, nuisance, trespass by sally

‘The London Borough of Richmond has lost a case over mooring on the River Thames in which a judge had earlier “excoriated” another judge’s order.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

GP deemed unfit to practice after unlawful protests – BBC News

‘A tribunal has ruled that a retired GP, who caused criminal damage during climate protests, committed professional misconduct and is unfit to practice.’

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BBC News, 19th August 2024

Source: www.bbc.co.uk

Appeal judge bemoans ‘trench warfare’ of litigation tactics – Law Society’s Gazette

Posted August 12th, 2024 in case management, disclosure, freezing injunctions, news, Scotland by tracey

‘The Court of Appeal has thrown out a freezing order challenge in a ruling where two judges made scathing criticisms of disclosure failings.’

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Law Society's Gazette, 9th August 2024

Source: www.lawgazette.co.uk

Case Analysis: Lakatamia fails in latest unlawful means conspiracy claim (Lakatamia Shipping Company Ltd v Su and others) – Gatehouse Chambers

‘Dispute Resolution analysis: A long-standing judgment creditor has failed in largely undefended claims for unlawful means conspiracy and the Marex tort in a judgment which shines significant light on the approach of the Court to claims which are not actively defended.’

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Gatehouse Chambers, 26th July 2024

Source: gatehouselaw.co.uk

Deputy High Court judge gives reasons for granting interim injunctions against occupants of boats trespassing on land needed for regeneration project – Local Government Lawyer

Posted August 8th, 2024 in housing, human rights, injunctions, local government, London, news, trespass by tracey

‘The London Borough of Enfield has secured interim injunctions against the occupants of boats and land on the River Lea who it has claimed obstruct progress on a £6bn development of 10,000 homes.’

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Local Government Lawyer, 8th August 2024

Source: www.localgovernmentlawyer.co.uk