Civil servants obliged to carry out Tory Rwanda deportations, court rules – The Guardian

‘Guidance drawn up by Conservative ministers which told civil servants to ignore Strasbourg rulings and remove asylum seekers to Rwanda is lawful, the high court has ruled.’

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The Guardian, 5th July 2024

Source: www.theguardian.com

Anti-protest injunctions cover more than 1,200 locations, report shows – Local Government Lawyer

Posted July 4th, 2024 in demonstrations, freedom of expression, human rights, injunctions, news by sally

‘There are more than 1,200 locations in which controversial anti-protest injunctions apply, research from the BBC has revealed.’

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Local Government Lawyer, 2nd July 2024

Source: www.localgovernmentlawyer.co.uk

When you fly your drone, do you trespass my home? – Gatehouse Chambers

Posted June 12th, 2024 in aircraft, chambers articles, injunctions, news, trespass by sally

‘Laura Tweedy and Gemma de Cordova, together with Oskar Musial and Helena Davies of Brabners Solicitors, consider the circumstances of a recently reported High Court decision (AIUL v Alex Wainwright and Persons Unknown [2023] 5 WLUK 613) granting a quia timet interim injunction against “urban explorers” who trespassed on an abandoned seminary building near Manchester.’

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Gatehouse Chambers, May 29th 2024

Source: gatehouselaw.co.uk

Alerter by Arnold Ayoo – Committal proceedings for (allegedly) false affidavits? Permission denied – Henderson Chambers

‘In Landmark Space Limited v Chilambe [2024] EWHC 987 (KB), the High Court considered the circumstances in which applicants would be given permission to pursue contempt proceedings, and commit respondents to prison, for knowingly making false statements in an affidavit.’

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Henderson Chambers, 2nd May 2024

Source: www.hendersonchambers.co.uk

Council asks for permanent injunction to stop protests outside UK oil terminal – The Guardian

‘A council is trying to extend a controversial injunction against “persons unknown” to stop any future protests outside an oil terminal operated by Shell UK.’

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The Guardian, 10th June 2024

Source: www.theguardian.com

Council begins demolition of “man cave” at centre of long-running planning enforcement battle

‘Forest of Dean District Council has started to demolish and remove a 10,000 soft cinema and bowling alley built without permission in a lengthy case that has seen a man jailed.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

Landlord who breached injunction preventing harassment of council staff handed suspended sentence and £75k costs order – Local Government Lawyer

‘A landlord in Kent has been sentenced to six months in prison, suspended for three years, and ordered to pay £75,000 in costs after being found in contempt of court.’

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Local Government Lawyer, 22nd May 2023

Source: www.localgovernmentlawyer.co.uk

What does it mean to be an expert in the person? The Court of Protection decides – Mental Capacity Law and Policy

‘In University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to consider what (if any) weight to place on the opinion of P’s sister as to her condition and treatment. P, identified in the judgment as HER, was 53 years old, and living in a supported living placement. In her early childhood HER had a stroke-like episode, which had a lasting effect on a large part of her brain. She was described as also having learning difficulties and epilepsy. She had also been diagnosed as having a metabolic disorder, OTC, giving rise to intermittent episodes of acute encephalopathy. HER was experiencing epileptic seizures a few times a month, without warning, and giving rise to risk of sudden unexpected death.’

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Mental Capacity Law and Policy, 14th May 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Court allows firm to take £386k in fees from frozen client account – Legal Futures

Posted April 30th, 2024 in client accounts, debts, fees, freezing injunctions, law firms, news, third parties by tracey

‘A law firm can be paid from monies held in its client account despite them being subject to both a freezing order and a third-party debt order, the High Court has ruled.’

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Legal Futures, 30th April 2024

Source: www.legalfutures.co.uk

Anti-suit injunction issued by English court to halt Russian proceedings – OUT-LAW.com

Posted April 29th, 2024 in appeals, injunctions, jurisdiction, news, Russia, sanctions, Supreme Court, Ukraine, war by tracey

‘A ruling requiring a Gazprom entity, RusChemAlliance (RCA), to bring an end to litigation proceedings in Russia was upheld by the UK Supreme Court on Tuesday, in a complex case that has raised questions relating to the jurisdiction of courts and the interpretation of arbitration agreements.’

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OUT-LAW.com, 23rd April 2024

Source: www.pinsentmasons.com

Retired UK GP suspended for five months after climate protests – The Guardian

‘A doctor who went to jail after a series of climate protests has been taken off the medical register for five months – and still faces being permanently struck off. The Medical Practitioners Tribunal Service (MPTS) – the disciplinary arm of the General Medical Council (GMC) – suspended Dr Sarah Benn on Tuesday, having found last week that her fitness to practise as a doctor had been impaired by reason of misconduct.’

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The Guardian, 23rd April 2024

Source: www.theguardian.com

Does the Court have the power to grant newcomer injunctions? – Becket Chambers

‘Wolverhampton City Council and others v London Gypsies and Travellers and other [2023] UKSC 47 is an appeal concerning a number of conjoined cases in which injunctions had been sought by Local Authorities to prevent unauthorised encampments by Gypsies and Travellers. Such injunctions had generally been sought against ‘persons unknown’ as the members of a group of Gypsies or Travellers who might in future camp in a certain location were not known in advance. In some cases, the Defendants to the injunction sought had been described by reference to the conduct the injunction had sought to prohibit, for example ‘persons unknown forming unauthorised encampments within the Borough of Nuneaton and Bedworth’.’

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Becket Chambers, 2nd April 2024

Source: becket-chambers.co.uk

To Babanaft or not to Bananaft – the extra jurisdictional effect of an anti-suit injunction (Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd) – Gatehouse Chambers

‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’

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Gatehouse Chambers, 5th February 2024

Source: gatehouselaw.co.uk

Court of Appeal rejects distinction between ‘aggressive’ and ‘passive’ begging when it comes to obtaining anti-social behaviour injunctions – Local Government Lawyer

Posted March 18th, 2024 in anti-social behaviour, appeals, ASBOs, injunctions, local government, news by tracey

‘Legislation on anti-social behaviour does not distinguish between aggressive and passive begging in determining whether an offence has been committed, the Court of Appeal has ruled.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

English anti-suit injunctions in aid of arbitration agreements with a foreign seat – Wilberforce Chambers

Posted March 6th, 2024 in arbitration, chambers articles, foreign jurisdictions, injunctions, news by sally

‘The recent Court of Appeal decision in Unicredit Bank GmbH v RusChemAlliance LLC [2024] EWCA Civ 64 (“Unicredit”) is the latest in a trilogy of cases1 involving successful applications to the English courts for the grant of anti-suit injunctions to restrain RusChemAlliance LLC (“RCA”), a Russian company, from continuing Russian proceedings brought in breach of arbitration agreements governed by English law. The distinguishing feature in each of these cases is that although the arbitration agreements were governed by English law, the chosen seat of the arbitration was Paris, France, and hence the supervisory court was not the English court but the French court.’

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Wilberforce Chambers, 22nd February 2024

Source: www.wilberforce.co.uk

Wrong in principle – Nearly Legal

Posted February 26th, 2024 in disclosure, housing, injunctions, news, notification, pre-action conduct, repossession by tracey

‘Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB). This was a High Court hearing of an ex parte application for an “emergency injunction” to stay an eviction (amongst other things).’

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Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 14th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023.’

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UKSC Blog, 12th February 2024

Source: ukscblog.com

What is rule 39? UK government tells civil servants to ignore European court of human rights on Rwanda deportations – EIN Blog

‘The UK government is once again navigating legal and political hurdles over its plan to send asylum seekers to Rwanda. The latest debate is over the emergency bill that legally declares Rwanda a safe place to send refugees (despite the supreme court ruling the opposite).’

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EIN Blog, 23rd January 2024

Source: www.ein.org.uk

Court of Appeal moves to reaffirm “wide and flexible powers” of family court in care case – Local Government Lawyer

‘The Court of Appeal has allowed a Guardian’s appeal against a family judge’s conclusion that she did not have jurisdiction to grant an injunction.’

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Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 20th, 2023 in appeals, human rights, injunctions, local government, news, Supreme Court, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com