Category: injunctions

The Court of Appeal considers FRAND: Unwired Planet v Huawei – NIPC Law

Posted October 30th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It is an acronym to describe the terms upon which licences should be granted for standard essential patents (“SEPs”). SEPs are patents for inventions that are crucial for compliance with a technical standard. I attempted an introduction to FRAND terms and SEPs in FRAND on 8 Oct 2017. Lord Kitchin gave a much better one in the first five paragraphs of his judgment in Unwired Planet International Ltd and Another v Huawei Technologies Co Ltd and Another [2018] EWCA Civ 2344 (23 Oct 2018).’

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NIPC Law, 28th October 2018

Source: nipclaw.blogspot.com

Landmark ticket tout injunction issued in UK – OUT-LAW.com

Posted October 29th, 2018 in injunctions, news, sport by sally

‘Organisers of major sporting and entertainment events such as football matches, athletics meetings and music festivals, will welcome a new ruling barring ticket touts from selling tickets on Cheltenham racecourse premises, an expert has said.’

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OUT-LAW.com, 25th October 2018

Source: www.out-law.com

Labour peer Peter Hain defends decision to expose Philip Green as businessman accused of sexual harassment – The Independent

Posted October 26th, 2018 in disclosure, harassment, injunctions, news, non-disclosure agreements, parliamentary privilege, public interest, racism by tracey

‘Peter Hain has defended his decision to use parliamentary privilege to name Sir Philip Green as the businessman at the centre of a row over allegations of sexual harassment and racial abuse.’

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The Independent, 26th October 2018

Source: www.independent.co.uk

Patents: multiple FRAND terms possible, says UK court – OUT-LAW.com

Posted October 24th, 2018 in appeals, competition, EC law, injunctions, licensing, news, patents, telecommunications by tracey

‘It is possible for more than one set of proposed licensing terms for standard-essential patents (SEPs) to be fair, reasonable and non-discriminatory (FRAND), the Court of Appeal in London has said.’

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OUT-LAW.com, 24th October 2018

Source: www.out-law.com

Court of Appeal offers clarity on patent ‘standards’ – Law Society’s Gazette

Posted October 24th, 2018 in appeals, injunctions, licensing, news, patents, telecommunications by tracey

‘A battle over appropriate licensing methods for patents deemed essential for a particular industry’s technical standards could be heading to the Supreme Court after the Court of Appeal today upheld a lower court’s ruling. Companies that own SEPs are required to license those patents at a fair, reasonable and non-discriminatory rate, known as FRAND. In Unwired Planet v Huawei, the Court of Appeal accepted the High Court’s determination that an owner of a standard-essential patent (SEP) for mobile phones can meet its obligations to making rights available fairly by offering a worldwide licence. Lord Justice Kitchin’s ruling added that if that offer is refused, an alleged infringer may be subject to an injunction.’

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Law Society's Gazette, 23rd October 2018

Source: www.lawgazette.co.uk

NDAs in spotlight as Court of Appeal gags newspaper – Law Society’s Gazette

Posted October 24th, 2018 in agreements, appeals, bullying, complaints, disclosure, employment, freedom of expression, harassment, injunctions, media, news, non-disclosure agreements, racism, sexual offences by tracey

‘A Court of Appeal ruling barring the publication of allegations that a ‘leading businessman’ sexually harassed and racially abused employees has re-ignited the debate over the use of non-disclosure agreements (NDAs) in settlements. In ABC and others v Telegraph Media Group, Sir Terence Etherton, Lord Justice Underhill and Lord Justice Henderson granted a temporary injunction preventing the Telegraph from publishing what the newspaper says is the result of eight months of investigation into the behaviour of an individual identified as ‘ABC’.’

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Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

Transport for London appeals High Court ruling on cycle superhighway – Local Government Lawyer

Posted October 19th, 2018 in appeals, bicycles, consent, consultations, injunctions, judicial review, local government, London, news, transport by sally

‘Transport for London has applied for permission to appeal a High Court ruling that its decision to go ahead with the installation of a cycle super highway (CS11) at Swiss Cottage had been taken while omitting a relevant consideration.’

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Local Government Lawyer, 19th October 2018

Source: www.localgovernmentlawyer.co.uk

Reporting restrictions on Bethany’s dad – children’s rights or concealing system failure? – Transparency Project

Posted October 17th, 2018 in autism, children, detention, families, hospitals, injunctions, learning difficulties, local government, media, mental health, news, public interest, reporting restrictions by sally

‘On Saturday, the Times reported: ‘Father beats legal bid to silence him over autistic girl in hospital “cell” ‘ [paywall]. Social affairs editor, Greg Hirst, reported that Jeremy (who is not using his surname publicly) succeeded in contesting an application by Walsall Metropolitan County Borough Council for an injunction to stop his social media campaign that is drawing attention to the plight of his 17-year-old-daughter.’

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Transparency Project, 16th October 2018

Source: www.transparencyproject.org.uk

Injunction seeks to halt start of fracking at Lancashire site – BBC News

Posted October 8th, 2018 in energy, environmental protection, fracking, injunctions, news by sally

‘An injunction has been lodged to halt the start of fracking at one of the UK’s first horizontal exploration wells.’

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BBC News, 5th October 2018

Source: www.bbc.co.uk

£7m win for Chinese company in first ‘persons unknown’ freezing order – Law Society’s Gazette

Posted September 27th, 2018 in computer crime, costs, damages, freezing injunctions, news by tracey

‘The High Court has awarded the UK arm of natural resources company China Molybdenum Company (CMOC) £7m, in a case in which a worldwide freezing injunction against “persons unknown” was approved for the first time.’

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Law Society's Gazette, 26th September 2018

Source: www.lawgazette.co.uk

Domestic abuse victims turning to civil courts because police are failing to enforce law – Daily Telegraph

Posted September 17th, 2018 in domestic violence, injunctions, news, victims by sally

‘Domestic abuse victims are increasingly turning to the civil courts for protection because the police are failing to enforce the law of coercive control, it has emerged.’

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Daily Telegraph, 15th September 2018

Source: www.telegraph.co.uk

MPs who use parliamentary privilege to break court orders undermine the judiciary, says Lord Chief Justice – Daily Telegraph

Posted September 11th, 2018 in injunctions, judges, judiciary, news, parliament, parliamentary privilege by tracey

‘MPs who “abuse” parliamentary privilege to break injunctions are eroding confidence in the justice system, the Lord Chief Justice has said. Lord Burnett of Maldon, the head of the judiciary, warned that the phenomenon was part of the “gentle erosion of support” for the courts.’

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Daily Telegraph, 10th September 2018

Source: www.telegraph.co.uk

Freezing injunction duty of disclosure ‘should not be taken lightly’ – OUT-LAW.com

Posted September 4th, 2018 in disclosure, financial regulation, injunctions, news by sally

‘The High Court has discharged a $3 billion worldwide freezing order (WFO) granted in favour of the sovereign wealth fund of Angola due to “serious and substantial” breaches of its duty to provide full and frank disclosure of all material facts in the case.’

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OUT-LAW.com, 30th August 2018

Source: www.out-law.com

London council secures borough-wide injunction against illegal encampments – Local Government Lawyer

Posted August 17th, 2018 in injunctions, local government, news, parks, travellers by sally

‘Bromley Council has persuaded the High Court to grant a borough-wide injunction against illegal encampments on land it owns or manages.’

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Local Government Lawyer, 17th August 2018

Source: www.localgovernmentlawyer.co.uk

R (Taveta Investments Ltd) v Financial Reporting Council – Blackstone Chambers

Posted August 9th, 2018 in auditors, injunctions, news, sanctions by sally

‘Following an investigation in relation to an audit of BHS, the FRC reached a settlement with the auditors whereby they admitted misconduct and accepted the imposition of fines and other sanctions. The FRC and the auditors entered into a settlement agreement which included a 38-page “Particulars of Fact and Acts of Misconduct” setting out the “facts” as agreed between these parties.’

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Blackstone Chambers, 29th June 2018

Source: www.blackstonechambers.com

Landlord granted injunction against tenant using Airbnb, upheld on appeal: Bermondsey Exchange Freeholders Limited v Ninos Koumetto (Trustee in Bankruptcy of Kevin Geoghehan Conway) [2018], County Court at Central London – Henderson Chambers

Posted August 9th, 2018 in injunctions, landlord & tenant, leases, news by sally

‘The rise of websites such as Airbnb has seen an increase in short term holiday style letting of traditionally long-term residential properties. In 2015 London’s housing legislation was amended specifically in response to the rise of Airbnb and other websites: a homeowner is able to let out their house, flat or spare rooms for up to three months a year. In London, unlike other cities such as Berlin or Barcelona, there are no city-wide regulations (or restrictions) regarding the use of Airbnb. This case emphasises that it falls to construction of the terms of the lease between the freeholder and leaseholder to ascertain whether a leaseholder’s use of Airbnb is permitted.’

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Henderson Chambers, 27th July 2018

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Extensions of Moratorium Periods and How it Can Be Challenged – Drystone Chambers

Posted August 9th, 2018 in freezing injunctions, news, proceeds of crime, time limits by sally

‘The NCA now have the power to extend the moratorium period on Suspected Activity Reports (SAR) by 31 days, up to a total of 186 days. This is due to the amendment of the Proceeds of Crime Act 2002 (‘the Act’), by the Criminal Finance Act 2017. It is usually clear to an interested party when this is happening, due to delay from the banks in releasing their money. The banks cannot confirm this due to the tipping off provisions.’

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Drystone Chambers, July 2018

Source: drystone.com

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

Posted August 9th, 2018 in civil procedure rules, disclosure, documents, injunctions, jurisdiction, news, third parties by tracey

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

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Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

High Court hosts new mega-money Russian dispute – Law Society’s Gazette

Posted August 7th, 2018 in choice of forum, freezing injunctions, news, Russia by sally

‘Another high-profile foreign dispute, this time related to a stake in a Russian fishing company valued at more than a billion pounds, has opened in the High Court – though the relevance of England and Wales as a jurisdiction has again been called into question.’

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Law Society's Gazette, 7th August 2018

Source: www.lawgazette.co.uk

The Perils of Unsigned Contracts of Employment and of Rushing to Court – Littleton Chambers

Posted August 7th, 2018 in contract of employment, injunctions, news, restrictive covenants by sally

‘There are numerous important lessons to be learned from the judgment in Tenon FM Limited v Cawley which was handed down orally on Wednesday 25th July 2018 by HHJ Bidder QC sitting as a Judge of the High Court but the main ones are:

1. Do not underestimate the difficulty of persuading a Court, even at the interim stage, to enforce restrictive covenants in a contract which the employee has not signed;

2. Where an employer is seeking to enforce restrictive covenants which it has introduced after the commencement of the employment, make sure its evidence in support sets out the consideration that was provided in respect of the same; and

3. Absent any real urgency, give the employee a genuine opportunity to respond to the employer’s concerns before issuing proceedings.’

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Littleton Chambers, 26th July 2018

Source: www.littletonchambers.com