Does Art 5 entail a right to legal representation when facing prison for contempt of court? – UK Human Rights Blog

‘The European Court of Human Rights has held that the detention of an individual following his breach of a civil contact order, where he had no legal representation, did not violate his rights under Article 5, ECHR (Right to Liberty and Security of Person). However, the decision not to provide compensation to the individual following a failure to provide him with a lawyer during domestic proceedings resulted in a violation of Article 6 (Right to a Fair Trial).’

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UK Human Rights Blog, 30th March 2016

Source: www.ukhumanrightsblog.com

Court of Appeal injuncts revelation of celebrity’s extramarital threesome – RPC Data and Privacy Law

Posted March 29th, 2016 in appeals, injunctions, media, news, privacy by sally

‘The Court of Appeal has granted a privacy injunction (its first since 2011) to prevent the Sun on Sunday revealing details of a well-known entertainer’s extramarital threesome (PJS v News Group Newspapers Ltd [2016] EWCA Civ 100).’

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RPC Data and Privacy Law, 23rd March 2016

Source: www.rpc.co.uk

The injunction is back: entertainer blocks extramarital affair story – The Guardian

Posted March 23rd, 2016 in injunctions, media, news, privacy by tracey

‘An entertainer has prevented a tabloid newspaper from printing details of his extramarital affairs in a case that is expected to trigger a fresh round of legal battles between celebrities and newspapers over privacy injunctions.’

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The Guardian, 22nd March 2016

Source: www.guardian.co.uk

Campaign to save Sheffield’s trees reaches High Court – The Independent

Posted March 23rd, 2016 in environmental protection, injunctions, local government, news, roads, trees by tracey

‘A bitter dispute between campaigners and councillors over a controversial programme to cut down thousands of trees has continued at a hearing at the High Court in London.’

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The Independent, 22nd March 2016

Source: www.independent.co.uk

Couple wins battle over ‘excruciating’ helicopter noise that put Tess Daly off buying their home – Daily Telegraph

Posted March 18th, 2016 in aircraft, damages, injunctions, news, noise, nuisance by tracey

‘A wealthy couple who said “shattering” helicopter noise stymied their hopes of selling their £4m home to Strictly Come Dancing presenter Tess Daly have scored a landmark High Court victory.’

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Daily Telegraph, 17th March 2016

Source: www.telegraph.co.uk

Court of Appeal must maintain brand owners’ right to obtain website blocking orders, says expert – OUT-LAW.com

‘The Court of Appeal in London must maintain the right of brand owners to obtain website blocking orders against internet service providers (ISPs) as a means of enforcing their trade mark rights against infringers, an expert has said.’

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OUT-LAW.com, 24th February 2016

Source: www.out-law.com

Court of Appeal Guidance on Injunctions – Littleton Chambers

Posted February 24th, 2016 in confidentiality, fees, injunctions, news, private hearings by sally

‘First, the Court of Appeal affirmed that it can be (and on the facts was) appropriate to hold hearings in private where a party asserts confidentiality both in the information itself, and also in the “very existence of [the] information”. The Court approved the principle that, where the effect of publicity would be to destroy the subject matter of litigation as to a secret process, it may well be that justice could not be done at all if it had to be done in public. In those circumstances, the general rule as to publicity of Court proceedings must yield to the interests of justice. It is well worth advisors bearing this in mind when dealing with confidential information cases, and making the appropriate applications at the earliest opportunity.’

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Littleton Chambers, 23rd February 2016

Source: www.littletonchambers.com

High Court: contempt of court could form basis of ‘unlawful means’ damages action – OUT-LAW.com

‘Failing to comply with a freezing order in contempt of court could be considered “unlawful means” as part of an action for damages for conspiracy to injure by unlawful means, the High Court has ruled.’

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OUT-LAW.com, 23rd February 2016

Source: www.out-law.com

The Unified Patent Court’s approach to interim injunctions will influence businesses’ patent strategies in Europe, say experts – OUT-LAW.com

‘The ease with which businesses will be able to win interim injunctions to defend against rivals’ infringements of their patents will be influential in determining whether companies engage with the new Unified Patent Court (UPC).’

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OUT-LAW.com, 22nd February 2016

Source: www.out-law.com

No relief from the Supreme Court – Radcliffe Chambers

‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’

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Radcliffe Chambers, 7th January 2016

Source: www.radcliffechambers.com

Gang members banned from Birmingham’s Ladywood – BBC News

Posted January 8th, 2016 in gangs, injunctions, news, violence by tracey

‘Three brothers and a friend have been banned for two years from the area of Birmingham in which they live following the imposition of gang injunctions.’

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BBC News, 8th January 2016

Source: www.bbc.co.uk

Organisations should learn lessons on outsourcing from BT Cornwall case, says expert – OUT-LAW.com

‘Both customers and suppliers can learn lessons on outsourcing from a recent dispute ruled on by the High Court in London.’

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OUT-LAW.com, 7th January 2016

Source: www.out-law.com

Borough council uses ASB and planning laws to secure traveller injunction – Local Government Lawyer

Posted December 18th, 2015 in injunctions, local government, news, planning, travellers by tracey

‘Blackpool Council has secured a High Court injunction – pursuant to Section 1 of the Anti-Social Behaviour Crime and Policing Act 2014 and Section 187B of the Town and Country Planning Act 1990 – stopping 13 named travellers from setting up unauthorised encampments in the borough. The council said it was believed to be the first time in the country that a local authority had used the 2014 Act along with Section 187B of the TCPA to secure an injunction against illegal travellers.’

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Local Government Lawyer, 17th December 2015

Source: www.localgovernmentlawyer.co.uk

Supreme Court: no “material change” means no second application for relief from sanctions – Litigation Futures

‘Litigants are not entitled to make a second application for relief from sanctions unless there has been a “material change in circumstances”, the Supreme Court has ruled.’

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Litigation Futures, 17th December 2015

Source: www.litigationfutures.com

E-Privacy Goes Mobile – Panopticon

Posted December 3rd, 2015 in conspiracy, injunctions, internet, news, privacy, regulations, telecommunications by tracey

‘Although most readers of this blog will be familiar, to some extent, with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”), they are a rarely sighted beast in the reported jurisprudence. Panopticon is aware of individual damages claims brought in the County Courts for small sums, but even they are few and far between.’

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Panopticon, 2nd December 2015

Source: www.panopticonblog.com

Police’s ’12 errors’ as investigation into death of toddler Poppi Worthington went nowhere – Daily Telegraph

Posted November 26th, 2015 in children, complaints, injunctions, inquests, news, police, public interest by tracey

‘A judge has listed 12 separate errors made by police as they investigated the death of Poppi Worthington, finally lifting a veil of secrecy that has barred the public from knowing anything about how the toddler died three years ago.’

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Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

Expectations of privacy abroad – Panopticon

Posted November 24th, 2015 in appeals, children, foreign jurisdictions, injunctions, news, photography, privacy by sally

‘As all celebrities know, to get the High Court to stop paparazzi pictures of you from being published, the first thing you have to do is show you had a reasonable expectation of privacy. But what if you were snapped outside of the jurisdiction and whilst English law principles suggest that you did have such an expectation, the local law where the photographs were taken says you do not?’

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Panopticon, 23rd November 2015

Source: www.panopticonblog.com

Finance & Divorce Update November 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during October 2015.’

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Family Law Week, 3rd November 2015

Source: www.familylawweek.co.uk

Top actor wins legal ban on “revenge porn” material – Daily Telegraph

Posted October 13th, 2015 in harassment, injunctions, internet, news, pornography by tracey

‘A top actor has won a High Court ruling preventing sexually explicit material and “revenge porn” from being published.’

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Daily Telegraph, 12th October 2015

Source: www.telegraph.co.uk

Man jailed for second time for breaching anti-social behaviour injunction – Local Government Lawyer

Posted October 6th, 2015 in anti-social behaviour, injunctions, news, recidivists, sentencing by sally

‘A Bristol man has been jailed for three months for persistently breaching an anti-social behaviour injunction.’

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Local Government Lawyer, 6th October 2015

Source: www.localgovernmentlawyer.co.uk