Damages for breach of lease? Possibly not… – Nearly Legal

Posted August 3rd, 2021 in covenants, damages, injunctions, landlord & tenant, leases, news by sally

‘This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a judgment by HHJ Luba QC, so carries the weight of a highly experienced housing/landlord and tenant judge.’

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Nearly Legal, 1st August 2021

Source: nearlylegal.co.uk

But the Assets are Already Frozen! Where Civil Freezing Orders and Criminal Restraint Orders Collide – Gatehouse Chambers

‘The Claimants were two companies and their respective administrators, who alleged in the main proceedings that substantial sums had misappropriated, by or for the benefit of the Defendants, or otherwise in circumstances giving rise to liability on the part of the Defendants.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

Not so full and frank disclosure – Nearly Legal

Posted July 29th, 2021 in disclosure, housing, injunctions, landlord & tenant, mental health, news, nuisance by sally

‘The facts of the case followed an all too familiar format. There was a neighbour dispute between Mr Berry and two of his neighbours. Serious allegations were being made on both sides. Complaints had been made to Southern Housing Group Ltd and to the police. The police were investigating both Mr Berry and his neighbours in relation to threatening behaviour. There was evidence that both Mr Berry and his neighbour had mental health difficulties, which were being seriously exacerbated by the ongoing dispute.’

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Nearly Legal, 27th July 2021

Source: nearlylegal.co.uk

If in doubt, don’t assume it’s a solicitor’s undertaking – Hailsham Chambers

‘In its 23 July 2021 judgment, the Supreme Court tackled the severe limitations of solicitors’ undertakings in the modern era in Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32. All practitioners will need to know about this vitally important unanimous judgment.’

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Hailsham Chambers, 26th July 2021

Source: www.hailshamchambers.com

New Judgment: Harcus Sinclair LLP and Anor v Your Lawyers Ltd [2021] UKSC 32 – UKSC Blog

‘The Supreme Court has unanimously allowed this appeal concerning whether a non-compete clause, by which one law firm agreed with another law firm not to take part in the emissions litigation without the latter’s permission, is enforceable or not.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Supreme Court upholds six-year non-compete clause signed by law firm – Legal Futures

‘A non-compete undertaking given by one law firm to another ahead of them working together was reasonable and not a restraint of trade, the Supreme Court ruled today.’

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Legal Futures, 23rd July 2021

Source: www.legalfutures.co.uk

The meaning of the term “associated person”- s.62 (3) of the Family Law Act 1996 – Becket Chambers

‘Why is it important to show that the parties are “associated persons” for the purposes of FLA 1996 (FLA 1996)?’

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Becket Chambers, 17th June 2021

Source: becket-chambers.co.uk

Copyright – Duchess of Sussex v Associated Newspapers Ltd – NIPC Law

‘At a directions hearing before Lord Justice Warby on 5 May 2021, His Lordship granted summary judgment to the Duchess of Sussex in her claim for copyright infringement against the publisher of The Mail on Sunday and The Mail Online. He made a number of consequential orders and gave directions for the taking of an account of profits. His judgment in Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) sets out the reasons for those orders and directions.’

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NIPC Law, 13th June 2021

Source: nipclaw.blogspot.com

Police force obtains gang injunctions banning brothers from music videos glorifying gun and drug crime – Local Government Lawyer

‘West Midlands Police has secured gang injunctions banning two brothers from Birmingham from appearing in drill music videos glorifying gun and drug crime.’

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Local Government Lawyer, 28th May 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal against order removing new-born baby after mother with learning difficulties not given opportunity to put her point of view – Local Government Lawyer

‘The Court of Appeal has allowed an appeal against an order for the separation of a new-born child from his mother, who has learning difficulties.’

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Local Government Lawyer, 24th May 2021

Source: www.localgovernmentlawyer.co.uk

Council secures “first of its kind” High Court injunction against residents to stop them living in unsafe house in multiple occupation – Local Government Lawyer

Posted May 19th, 2021 in health & safety, housing, injunctions, local government, news by sally

‘Thurrock Council has been granted an interim injunction by the High Court to prevent two residents living in an unsafe House in Multiple Occupation (HMO).’

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Local Government Lawyer, 18th May 2021

Source: www.localgovernmentlawyer.co.uk

LB Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB) – Radcliffe Chambers

‘On 12 May Nicklin J handed down judgment in LB Barking and Dagenham & Ors v Persons & Ors [2021] EWHC 1201 (QB), in which Traveller Injunctions and the issue of whether final injunctions against Persons Unknown bind only the parties to the proceedings and not ‘newcomers’ was considered. Caroline Bolton and Natalie Pratt appeared on behalf of eight of the Claimant Local Authorities.’

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Radcliffe Chambers, 13th May 2021

Source: radcliffechambers.com

Blanket bans on camping by Gypsies and Travellers ruled illegal at high court – The Guardian

Posted May 13th, 2021 in equality, injunctions, local government, news, travellers by sally

‘The high court has ruled that local authorities can no longer issue blanket bans on Gypsies and Travellers stopping on parcels of land, in a landmark case which campaigners have hailed a “victory for equality”.’

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The Guardian, 12th May 2021

Source: www.theguardian.com

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

Businessman sues police for alleged misconduct after £1.6m in assets frozen – The Independent

Posted March 31st, 2021 in fraud, freezing injunctions, misfeasance in public office, news, police by tracey

‘An international businessman is suing a British police force for alleged misconduct in the handling of a case against him, in what has been described as one of the biggest legal actions of its kind in this country. Ildar Sharipov, the owner of an international currency business, began proceedings against Merseyside Police after £1.6m in his UK bank accounts was frozen in an investigation about the sales of two cars, a plane ticket to Nigeria and a number of investments.’

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The Independent, 30th March 2021

Source: www.independent.co.uk

Judge refuses to grant solicitor injunction after “grave robber” claims – Legal Futures

Posted March 9th, 2021 in defamation, enforcement, injunctions, news, solicitors, undertakings by tracey

‘A High Court judge has refused to grant a solicitor a permanent injunction to enforce undertakings made by the son of a client that he would stop making defamatory statements.’

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Legal Futures, 9th March 2021

Source: www.legalfutures.co.uk

M/T Prestige litigation and arbitration: key takeaways – Hardwicke Chambers

Posted February 18th, 2021 in arbitration, contracts, injunctions, news, state immunity by sally

‘The latest two decisions arising out of the aftermath of the Prestige oil spill in 2002 have shed some light on three major areas of the English law of arbitration. The Commercial Court’s two decisions in London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain ([2020] (EWHC 1582) and The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain [2020] (EWHC 1920) provide an insightful analysis into the scope of the so-called “conditional benefit” principle, the powers of an arbitrator to grant injunctive relief and the court’s interpretation of the arbitration exception in the Brussels Recast Regulation.’

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Hardwicke Chambers, 17th February 2021

Source: hardwicke.co.uk

Council secures injunction against man who circumvented redaction in child protection papers – Local Government Lawyer

‘The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare.’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Angela Wrightson: Teenage torture killers keep anonymity – BBC News

‘Two teenagers who tortured and murdered a vulnerable woman in her own home have been granted lifelong anonymity.’

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BBC News, 4th February 2021

Source: www.bbc.co.uk

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings – Local Government Lawyer

‘Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.’

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Local Government Lawyer, 3rd February 2021

Source: www.localgovernmentlawyer.co.uk