“Britain’s anti-terror laws watchdog is to investigate whether laws were used “lawfully, appropriately and humanely” when police detained David Miranda at Heathrow airport for nine hours.”
The Guardian, 22nd August 2013
Source: www.guardian.co.uk
“If granted by the High Court, it would prevent any protest against the pilot scheme.”
The Independent, 21st August 2013
Source: www.independent.co.uk
JSC BTA Bank v Ablyazov (No 10) [2013] EWCA Civ 928; [2013] WLR (D) 305
“In determining the meaning of the term ‘assets’ in a freezing order, account should be taken, as part of the background and context of such orders, of their purpose, in the way that anyone construing any document should take account of the background of it. Where the words used clearly and unequivocally led to the conclusion that the term ‘asset’ included that which could not be the subject of execution, effect must be given to the words. Where they did not, the purpose of such orders would be a significant factor in determining the meaning of the term ‘asset’ in that context and a pointer against including the particular right under consideration.”
WLR Daily, 25th July 2013
Source: www.iclr.co.uk
“In The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others [2013] EWHC 2058 (Ch) (16 July 2013) Mr. Justice Arnold granted an injunction under s.97A of the Copyright, Designs and Patents Act 1988 against the top 6 internet service providers in the UK to block access to the First Row Sports website. As the judge had already made similar orders against the same defendants in Newzbin2 (see “Injunctions against ISPs” 6 Nov 26), Dramatico (‘Injunctions against ISPs Part III: Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd. and Others’) and EMI (‘Injunctions against ISPs Part V: EMI Records Ltd and Others v British Sky Broadcasting Ltd and Others’ 5 March 2013) they did not defend the application but instead agreed the terms of the order with the Premier League. However, as the judge acknowledged at paragraph [7] of his judgment, that did not absolve the Court of the responsibility of determining whether the orders sought were justified.”
NIPC Law, 20th July 2013
Source: www.nipclaw.blogspot.co.uk
“Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.”
Sovereign Chambers, 25th June 2013
Source: www.sovereignchambers.co.uk
“When considering a claim for an injunction to prevent a threatened infringement of a patent and a supplementary protection, the court had to consider whether, in all the circumstances, there was a sufficiently strong probability that an injunction was required to prevent the harm to the claimant to justify bringing the proceedings.”
WLR Daily, 9th July 2013
Source: www.iclr.co.uk
“A ruling by the High Court has highlighted the need for businesses to operate a ‘clear policy’ on ownership of social media accounts used by staff for business purposes, an expert has said.”
OUT-LAW.com, 11th July 2013
Source: www.out-law.com
“Jessica Craigs, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in June.”
Family Law Week, 8th July 2013
Source: www.familylawweek.co.uk
“A senior lawyer has taken out a gagging order typically reserved for philandering footballers to cover up details of his affair with a younger woman.”
The Independent, 4th July 2013
Source: www.independent.co.uk
“A wife persuaded a court to freeze £20 million of her husband’s assets using papers she raided from his safe while he was out playing golf, a High Court judge has disclosed.”
Daily Telegraph, 25th June 2013
Source: www.telegraph.co.uk
The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.
Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)
Supreme Court, 19th June 2013
“The English court had a long-standing and well-established jurisdiction to grant an injunction restraining the commencement or continuation of foreign proceedings brought in breach of an arbitration clause, even when neither party had commenced, nor intended to commence, arbitration proceedings in the agreed forum. The Arbitration Act 1996 did not affect the court’s power under that jurisdiction or under s 37 of the Senior Courts Act 1981.”
WLR Daily, 12th June 2013
Source: www.iclr.co.uk
“English courts have the power to prevent parties to an arbitration agreement from beginning legal proceedings in foreign courts in breach of that agreement, the Supreme Court has ruled.”
OUT-LAW.com, 13th June 2013
Source: www.out-law.com
Group Seven Ltd v Allied Investment Corpn Ltd and others [2013] EWHC 1509 (Ch); [2013] WLR (D) 224
“A company which had a sole director, who also owned all its shares, did not hold or control its assets in accordance with that sole director and shareholder’s ‘direct or indirect instructions’ within the meaning of paragraph 6 of the standard form freezing order in the Civil Procedure Rules.”
WLR Daily, 6th June 2013
Source: www.iclr.co.uk
“Unusually, this is a published Judicial Review permission decision. Further, Anthony Thornton QC J has ‘certified that this judgment may be cited and referred to in other cases or situations. This direction is made pursuant to paragraph 6.1 of the Practice Direction (Citation of Authorities) [2001] 1 WLR 1001, CA.’. Why will become clear.”
NearlyLegal, 27th May 2013
Source: www.nearlylegal.co.uk
AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189
“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”
WLR Daily, 20th May 2013
Source: www.iclr.co.uk
“If the conditions in section 34 of the Policing and Crime Act 2009 were met then an injunction to prevent gang-related violence was appropriate. The court would not be required to ask itself whether an anti-social behaviour order under the Crime and Disorder Act 1998 would have provided an adequate remedy.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk
Novartis AG v Hospira UK Ltd [2013] EWHC 1285 (Pat); [2013] WLR (D) 184
“When considering an application for an interim injunction pending an appeal, the court must not mechanically equate the existence of a real prospect of success on an appeal by a losing party with that of a good arguable case on the merits at the outset of proceedings prior to trial so that the granting of an interim injunction at the outset of proceedings before the parties’ rights had been decided would automatically justify an interim injunction pending an appeal.”
WLR Daily, 14th May 2013
Source: www.iclr.co.uk
“The public has a right to know that Boris Johnson had an extramarital affair with a woman who later gave birth to their daughter, the appeal court has ruled.”
The Guardian, 21st May 2013
Source: www.guardian.co.uk
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