Depp libel trial reveals problems of proof in domestic violence cases – The Guardian

‘Despite being a libel case, Depp v News Group Newspapers Ltd & Another felt more like a criminal trial at the Old Bailey, or a domestic violence hearing in the family courts.’

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The Guardian, 28th July 2020

Source: www.theguardian.com

Judge rejects calls for recusal in planning case amid accusations of bias – Local Government Lawyer

Posted July 27th, 2020 in bias, injunctions, judges, local government, news, planning, recusal by sally

‘A High Court judge has refused to recuse himself from a planning case involving Surrey Heath Borough Council after claimants accused him of bias.’

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Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge outlines reasons for granting interim injunction over anti-social behaviour in park – Local Government Lawyer

‘A High Court judge has given his reasons for granting, despite his misgivings, the London Borough of Hackney an interim injunction against anti-social behaviour in a park.’

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Local Government Lawyer, 22nd July 2020

Source: www.localgovernmentlawyer.co.uk

Raves, laughing gas and drink: a nuisance in Hackney – UK Human Rights Blog

Posted July 21st, 2020 in injunctions, local government, news, nuisance by sally

‘This case involved the ancient tort of public nuisance. Such a claim is addressed to behaviour which inflicts damage, injury or inconvenience on all members of a class who come within the sphere or neighbourhood of its operation.’

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UK Human Rights Blog, 20th July 2020

Source: ukhumanrightsblog.com

High Court to hold hearings on encampment injunctions this month – Local Government Lawyer

Posted July 7th, 2020 in injunctions, local government, news, planning, travellers by sally

‘The High Court is this month due to hold hearings in relation to two high-profile injunctions against unauthorised encampments.’

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Local Government Lawyer, 6th July 2020

Source: www.localgovernmentlawyer.co.uk

Practice – Injunctions pending Appeal Evalve Inc v Edwards Lifesciences Ltd – NIPC Law

Posted June 22nd, 2020 in appeals, injunctions, intellectual property, news, patents by sally

‘In Evalve Inc and others v Edwards Lifesciences Ltd #1 [2020] EWHC 514 (Pat) (12 March 2020)). Mr Justice Birss held that two patents that protected the market for a device known as the MitraClip were valid and infringed. In Evalve Inc and others v Edwards Lifesciences Ltd (#2) [2020] EWHC 513 (Pat) (12 March 2020) Mr Justice Birss rejected the defendant’s contention that it should be allowed to market its product notwithstanding the judgment on the ground that some patients were assisted by a product that competed with the MitraClip but not by the MitraClip itself. I blogged about those cases in Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #1 27 March 2020 NIPC Law and Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #2 30 March 2020.’

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NIPC Law, 20th June 2020

Source: nipclaw.blogspot.com

A spotlight on patent injunctions – Technology Law Update

Posted June 19th, 2020 in chambers articles, injunctions, intellectual property, news, patents by sally

‘Owners of patent portfolios will be aware of how patent infringement claims and attacks on patent validity often interact.’

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Technology Law Update, 18th June 2020

Source: www.technology-law-blog.co.uk

Rise in injunctions against HS2 protesters – The Guardian

‘HS2 protesters have been accused of practising early morning yoga, swimming naked in a lake and “howling at the moon” as a council seeks a high court injunction to stop direct action against the project.’

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The Guardian, 13th June 2020

Source: www.theguardian.com

Patents – Neurim Pharmaceuticals v Mylan – NIPC Law

Posted June 5th, 2020 in appeals, damages, injunctions, intellectual property, medicines, news, patents by sally

‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’

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NIPC Law, 4th June 2020

Source: nipclaw.blogspot.com

Bounce Back Loans, Injunctions and the Misappropriation of Funds – 33 Bedford Row

Posted June 4th, 2020 in injunctions, loans, news by sally

‘Make sure you can lawfully access the money, or you will find yourself paying a heavy penalty!’

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33 Bedford Row, 4th June 2020

Source: www.33bedfordrow.co.uk

UPDATE: Halliburton v Vedanta: Performance Bonds and COVID-19 – Atkin Chambers

Posted June 4th, 2020 in contracts, coronavirus, damages, India, injunctions, news by sally

‘Shourav Lahiri revisits the case of Halliburton v Vedanta where a differently constituted bench of the Delhi High Court has just reversed its previous decision and discharged its injunction against the call on performance bonds. This update also examines some related issues that could arise as a consequence of COVID-19.’

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Atkin Chambers, 2nd June 2020

Source: www.atkinchambers.com

Recent Cases on the Law of an Arbitration Agreement and Anti-Suit Injunctions – 39 Essex Chambers

Posted June 3rd, 2020 in arbitration, chambers articles, injunctions, news, podcasts by sally

‘In this podcast, Niraj Modha considers two recent decisions: Enka v Chubb [2020] EWCA Civ 574 and Times Trading Corporation v National Bank of Fujairah [2020] EWHC 1078 (Comm).’

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39 Essex Chambers, 1st June 2020

Source: www.39essex.com

Housing in Lockdown: Avoid the pause button – St Ives Chambers

‘A review of the number ways Covid-19 can effect the progression and outcome of housing cases and how practitioners can continue to engage in effective case management during this challenging period.’

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St Ives Chambers, 19th May 2020

Source: www.stiveschambers.co.uk

Suspect under investigation has reasonable expectation of privacy, CoA rules – Law Society’s Gazette

‘Individuals under investigation by law enforcement bodies have a reasonable expectation of privacy up to the point they are charged, the Court of Appeal has confirmed. Dismissing an appeal by a news agency barred from revealing the identity of a US businessman identified in documents concerning a bribery probe, the court ruled that the fact that an individual is the subject of a criminal investigation is genuinely of a different character from allegations about the conduct being investigated.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

ZXC v Bloomberg: privacy expectations about criminal investigations – Panopticon

‘The Court of Appeal has today given judgment in the long-running ZXC v Bloomberg litigation ([2020] EWCA Civ 611). The key points:

1. In general, a person does have a reasonable expectation of privacy about the fact that/details of their being subject to a police investigation, up to the point of charge.
2. Reporting about alleged conduct is different from reporting about a criminal investigation into that conduct.’

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Panopticon, 15th May 2020

Source: panopticonblog.com

Injunction to prevent a breach of mutual trust and confidence: Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB) – 3PB

‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’

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3PB, 1st May 2020

Source: www.3pb.co.uk

Interim injunctions against persons unknown – Law Society’s Gazette

Posted May 14th, 2020 in anonymity, injunctions, local government, news, travellers by sally

‘As George Harrison once sang: ‘All things must pass.’ So while protesters, trespassers and others may now be quietly isolated (keyboard activism apart), normal life will eventually resume – and with it will come the need to restrain any unlawful or other anti-social behaviour.’

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Law Society's Gazette, 11th May 2020

Source: www.lawgazette.co.uk

School fails in Court of Appeal bid to have Ofsted report quashed – Local Government Lawyer

Posted May 12th, 2020 in education, injunctions, judicial review, news, reports by sally

‘The Court of Appeal has dismissed a bid by a state-funded secondary school in the north of England to have an adverse Ofsted report quashed.’

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Local Government Lawyer, 11th May 2020

Source: www.localgovernmentlawyer.co.uk

Injuncting OFSTED reports – Court of Appeal maintains heightened hurdle test – Education Blog

Posted May 12th, 2020 in education, injunctions, judicial review, news, reports by sally

‘The normal Cyanamid test for granting an interim injunction is whether there is a serious issue to be tried; if so, whether damages would be a sufficient remedy; and if not, where the balance of convenience (or balance of injustice) lies. Sometimes these stages, particularly the last two, get compressed together.’

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Education Blog, 9th May 2020

Source: education11kbw.com

Court of Appeal upholds law firm’s Chinese wall – Legal Futures

Posted May 12th, 2020 in fiduciary duty, injunctions, law firms, news by sally

‘A law firm acting for different defendants against the same claimant did not owe that claimant a true fiduciary duty, and so did not have to prove its Chinese Wall worked, the Court of Appeal has ruled.’

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Legal Futures, 11th May 2020

Source: www.legalfutures.co.uk