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

Posted December 19th, 2023 in injunctions, local government, news, travellers by tracey

‘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” [143(i)]. Local authorities sought to use such injunctions, due to the inefficacy of obtaining an injunction against named Gypsies or Travellers who, by the time proceedings have commenced, have left, and been replaced by another group, against whom the injunction has no effect.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

Supreme Court puts conditions on injunctions against travellers – OUT-LAW.com

Posted December 4th, 2023 in appeals, disclosure, injunctions, local government, news, Supreme Court, travellers by tracey

‘Local authorities in England seeking court injunctions to prohibit unauthorised encampments on land they own must disclose to the courts any arguments gypsies and travellers might raise in opposition to their applications, the UK Supreme Court has ruled.’

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OUT-LAW.com, 4th December 2023

Source: www.pinsentmasons.com

Sentencing for breach of an Anti-Social Behaviour Injunction – Becket Chambers

Posted November 21st, 2023 in anti-social behaviour, chambers articles, injunctions, news, sentencing by sally

‘Section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 provides the Court with the power to make an injunction (“ASBI”) if:

1. The Court is satisfied, on the balance of probabilities, that the Respondent has engaged in or threatened to engage in anti-social behaviour and

2. The Court considers it just and convenient to grant the injunction for the purpose of preventing the Respondent from engaging in anti-social behaviour.’

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Becket Chambers, 20th October 2023

Source: becket-chambers.co.uk

IBA 2023: Bar chair floats ‘ingenious’ plan to curb SLAPPs – Law Society’s Gazette

Posted November 3rd, 2023 in barristers, damages, disclosure, freedom of expression, injunctions, news by tracey

‘The chair of the Bar Council today proposed what eminent media lawyer Mark Stephens CBE hailed as an “ingenious” new deterrent to strategic litigation against public participation (SLAPPs).’

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Law Society's Gazette, 2nd November 2023

Source: www.lawgazette.co.uk

Bristol grandma among Just Stop Oil M25 activists spared jail – BBC News

‘A 76-year-old grandmother is among 12 activists spared jail for causing “massive disruption” on the M25.’

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BBC News, 31st October 2023

Source: www.bbc.co.uk

Animal Rising activist given suspended sentence for Derby course invasion – The Guardian

‘Ben Newman, a member of the activist group Animal Rising who ran on to the course at Epsom shortly after the start of the Derby, was sentenced to two months’ imprisonment, suspended for 18 months, for contempt of court on Wednesday after he admitted breaching an injunction granted to the Jockey Club in May to prevent disruption at the Derby meeting.;

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The Guardian, 11th October 2023

Source: www.theguardian.com

Expert evidence and fine margins in boundary disputes – Goodmans Autos Limited v Maverstone Properties Limited [2023] EWHC 1882 (KB) – Gatehouse Chambers

Posted October 10th, 2023 in boundaries, chambers articles, expert witnesses, injunctions, news, trespass by sally

‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’

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Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

Sanctioned company has “right to access courts”, appeal judges rule – Legal Futures

Posted October 10th, 2023 in brexit, costs, freezing injunctions, news, Russia, sanctions, stay of proceedings by sally

‘The Court of Appeal has rejected a Russian tycoon’s bid to stay an $850m claim brought against him by two Russian banks, despite one of them being sanctioned, citing the right to access the courts.’

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Legal Futures, 9th October 2023

Source: www.legalfutures.co.uk

Woman barred from removing body of partner from London funeral home – The Guardian

Posted September 7th, 2023 in bereavement, burials and cremation, families, injunctions, news by sally

‘A woman has been barred from removing the body of her partner from a funeral home after becoming embroiled in high court litigation with one of his relatives.’

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The Guardian, 6th September 2023

Source: www.theguardian.com

Applications for Anti-Social Behaviour Injunctions and Gang-Related Violence Injunctions – Local Government Lawyer

‘Richard Dewsbery reports on an important recent change to the Civil Procedure Rules that affects the N16A application form.’

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Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

Borough secures High Court injunction against several defendants over site where caravans are parked – Local Government Lawyer

Posted September 1st, 2023 in injunctions, local government, news, planning, travellers by sally

‘The High Court has granted Waverley Borough Council an injunction against most defendants in a case concerning caravans parked on a site without planning permission.’

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Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract. – Nearly Legal

Posted August 10th, 2023 in contracts, freezing injunctions, McKenzie friends, news, rent, repossession by tracey

‘Katrina McCarthy was apparently acting as a McKenzie Friend for a Notting Hill Genesis tenant. Notting Hill assert that in the course of “assisting” the tenant, Katrina McCarthy “induced the tenant to start paying his rent directly into her own bank account. She had represented to the tenant that she would then transfer the funds into a “court rent account” so that he could “offset” his rent whilst a disrepair dispute with Notting Hill was resolved.” ‘

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Nearly Legal, 9th August 2023

Source: nearlylegal.co.uk

Gangs and Anti-Social Behaviour Injunctions – Standard of Proof – St Ives Chambers

‘On 19 July 2023 the Supreme Court handed down judgment in the case of Jones v Birmingham City Council and another [2023] UKSC 27. The facts of the case involved allegations of gang related drug dealing activity which resulted in a without notice application for an injunction and power of arrest against Mr Jones and 17 others believed to be involved in a notorious Birmingham gang. Interim injunctions orders with powers of arrest were made pursuant to s34 Policing and Crime Act 2009 and Part 1 of the Anti Social Behaviour Crime and Policing Act 2014 and, in relation to Mr Jones specifically, a final injunction and power of arrest were made (pursuant to the 2009 Act only) which had the effect of prohibiting him from entering large parts of the city centre.’

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St Ives Chambers, 21st July 2023

Source: www.stiveschambers.co.uk

Satisfying judgment from scheme assets following bankruptcy discharge – Pensions Barrister

Posted July 27th, 2023 in bankruptcy, debts, injunctions, judgments, news, pensions by sally

‘Handed down on 26th July, the latest in a long line of cases in which a judgment creditor has sought to enforce their debt from the pension scheme assets of the debtor is Cohen v O’Leary [2023] EWHC 1939 (Ch), a decision of Louse Hutton KC, sitting as a Deputy Judge of the High Court.’

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Pensions Barrister, 27th July 2023

Source: www.pensionsbarrister.com

Tesco vs Lidl: Injunction issued over logo use in latest supermarket war – The Independent

Posted June 27th, 2023 in appeals, injunctions, news, trade marks by sally

‘Two UK supermarket giants are at loggerheads in London’s High Court in a war over logos.’

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The Independent, 26th June 2023

Source: www.independent.co.uk

Curbing protest disruption – Law Society’s Gazette

‘As many will have seen in the media, environmental activist group Insulate Britain (IB) has carried out London protests in a manner deliberately designed to cause serious disruption. These protest tactics have included activists deliberately blocking highways by sitting down in the road, and often gluing themselves to its surface and/or locking themselves to each other to make their removal more time-consuming. IB has repeatedly stated that these protests will continue until its demands are met.’

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Law Society's Gazette, 16th June 2023

Source: www.lawgazette.co.uk

Litigant denied relief after court confused by ‘XXXX’ name – Law Society’s Gazette

Posted June 16th, 2023 in appeals, delay, injunctions, loans, names, news, time limits by tracey

‘A litigant described as having a “relaxed and frankly reckless” approach to timely service of documents has been denied relief in the Court of Appeal.’

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Law Society's Gazette, 15th June 2023

Source: www.lawgazette.co.uk

Battle of the brands continues as Lidl seeks disclosure – Law Society’s Gazette

‘Tesco has undervalued the damage it did to the Lidl brand by its use of a blue and yellow logo to promote prices promotions, the High Court heard yesterday.’

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Law Society's Gazette, 23rd May 2023

Source: www.lawgazette.co.uk

Bristol van dwellers to challenge council injunction – BBC News

Posted May 19th, 2023 in complaints, housing, injunctions, local government, news by tracey

‘People living in vans on a residential road are to challenge legal action taken by a council to move them on. Bristol City Council was granted an injunction order on Greenbank View, in Easton, after complaints from local residents.’

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BBC News, 18th May 2023

Source: www.bbc.co.uk

Malicious falsehood in English law – OUT-LAW.com

Posted May 15th, 2023 in damages, defamation, injunctions, malicious falsehood, news by tracey

‘The law of malicious falsehood aims to protect economic interests. Malicious falsehood claims are sometimes made in tandem with, or as an alternative to, defamation claims.’

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OUT-LAW.com, 12th May 2023

Source: www.pinsentmasons.com