‘A children’s author faces a £1m payout after terrorising her actor neighbour with her “monstrously out of control” garden.’
Daily Telegraph, 1st August 2018
Source: www.telegraph.co.uk
‘The UK government is seeking to clarify the rules governing when litigation should be heard in private, in a bid to safeguard the principles of open justice.’
OUT-LAW.com, 16th July 2018
Source: www.out-law.com
‘A costs judge has refused to pare a defendant’s costs after finding she should not have to bear the consequences of the claimant’s conduct.’
Law Society's Gazette, 10th July 2018
Source: www.lawgazette.co.uk
‘Twitter commentators asked questions last week of a BBC headline:
Thousands misusing abuse orders to get legal aid, says parenting charity
And the ‘click-bait’ opening sentence of the story itself:
Families Need Fathers says parents are being encouraged by some solicitors to file for non-molestation orders – injunctions used in urgent abuse cases.’
Transparency Project, 9th July 2018
Source: www.transparencyproject.org.uk
‘Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514. Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be done by licensed organisations). It grows quickly through spreading underground rhizomes and can affect structures if growing within 7 metres of their foundations. It’s presence has to be disclosed on any sale of a property.’
Nearly Legal, 4th July 2018
Source: nearlylegal.co.uk
‘Richard Booth joins Emma-Louise Fenelon to discuss a successful employment injunction to prevent a gross misconduct disciplinary hearing.’
Law Pod UK, 2nd July 2018
Source: audioboom.com
‘The Court of Appeal (CoA) has dismissed an appeal in which the Republic of Kazakhstan (RoK) and its national bank argued that their custodian bank, Bank of New York Mellon (BNYM), had acted in breach of contract by freezing their assets in accordance with foreign court orders.’
OUT-LAW.com, 26th June 2018
Source: www.out-law.com
‘Sir Philip Green is seeking a gagging order to prevent the full publication of a watchdog’s report that casts fresh light on the BHS scandal. On Thursday, Green launched a high court bid to stop the Financial Reporting Council publishing its damning report on the failures of the auditors responsible for checking BHS’s accounts.’
The Guardian, 21st June 2018
Source: www.theguardian.com
‘Two recent County Court decisions have grappled with the issue of Japanese knotweed (JK) in the context of private nuisance claims between neighbouring landowners. The first was the judgment of Mr Recorder Grubb in Cardiff in respect of two separate actions with a common defendant: Williams v Network Rail Infrastructure Ltd (B20YX969) and Waistell v Network Rail Infrastructure Ltd (B34YJ849) (together Waistell). Still more recent was the judgment of HHJ Carr in Truro in Smith and another v Line (CTR00216) (Smith v Line), which was widely reported, albeit not entirely accurately, in the broadsheet and tabloid newspapers at the time of the hearing.’
Hardwicke Chambers, 11th May 2018
Source: www.hardwicke.co.uk
‘The Court of Appeal has provided some useful (and dare I venture to say, some not so useful) guidance on damages for unlawful eviction.’
Hardwicke Chambers, 11th June 2018
Source: www.hardwicke.co.uk
‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’
Arden Chambers, 23rd May 2018
Source: www.ardenchambers.com
‘Family analysis: Following a judge’s decision in 2002 that a girl who was then two years old should live with her father and that the mother should not have direct access, the Family Division in Re G (A Child) [2018] EWHC 1301 (Fam), [2018] All ER (D) 148 (May) refused a recent application by the girl’s older half-brother for access to all the files in the 2002 proceedings, and also refused the mother’s application for the removal of the undertaking she had given the judge not to communicate with the media. Adam Wolanski, barrister, of 5RB, examines the issues.’
Family Law, 11th June 2018
Source: www.familylaw.co.uk
‘Family Division president Sir James Munby, who has long argued for allowing the ‘glare of publicity’ in to family courts, says some cases should not be debated under the public gaze, as he denied a mother the chance to take her case to the ‘court of public opinion’.’
Law Society's Gazette, 31st May 2018
Source: www.lawgazette.co.uk
‘The Court of Appeal has upheld a ‘gang injunction’ restricting the actions and movement of 18 members of a Birmingham gang. One of the men affected, Jerome Jones, unsuccessfully challenged the injunction, arguing that the proceedings by which it was made properly required proof to the criminal standard, and that the application of the civil standard violated his right to a fair trial under Article 6 ECHR.’
UK Human Rights Blog, 31st May 2018
Source: ukhumanrightsblog.com
‘Cambridge City Council has secured an interim High Court injunction to ban unauthorised punt businesses from using council owned land along the middle river to access the River Cam.’
Local Government Lawyer, 29th May 2018
Source: www.localgovernmentlawyer.co.uk
‘Gang injunctions that can ban individuals from towns and cities do not breach European human rights laws, a court has ruled. Appeal court judges made the ruling after a challenge by a 21-year-old who was made the subject of a Birmingham City Council banning order.’
BBC News, 23rd May 2018
Source: www.bbc.co.uk
‘The Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.’
OUT-LAW.com, 16th May 2018
Source: www.out-law.com
‘Unlockd, an app developer, sought an interim injunction to prevent Google withdrawing its services. Roth J found that the balance of convenience was in the applicants’ favour. Their claim raised a serious issue to be tried and any action by Google to withdraw their platform would severely damage the applicants’ business. An interim injunction was granted.’
UK Human Rights Blog, 11th May 2018
Source: ukhumanrightsblog.com
‘A judge has said he will not grant a legal challenge by relatives of murdered toddler James Bulger against an order protecting his killer’s identity in its current form.’
The Independent, 3rd May 2018
Source: www.independent.co.uk
‘James Bulger’s family are launching a legal challenge to stop one the toddler’s killers, Jon Venables, from being protected by a life-long anonymity order.’
The Independent, 1st May 2018
Source: www.independent.co.uk
© Inner Temple Library 2024