If a solicitor, without the permission of the Law Society, employs another solicitor in the knowledge that he has been struck off the roll, section 41(4) of the Solicitors Act 1974 provides that the Solicitors Disciplinary Tribunal or the High Court can make an order for the striking off of the employing solicitor. It also … Continue reading “Ground-breaking” permanent injunction granted against struck off solicitor
On 17 January 2015, the Court of Appeal heard an application to vacate an expedited date to hear an appeal of a freezing injunction. The applicants argued that no expedition was needed because the case was an ordinary freezing injunction and therefore an ordinary interlocutory appeal. They said the expedition was neither necessary nor appropriate. … Continue reading Court of Appeal dismisses application to vacate expedited date to hear appeal of a freezing injunction
An injunction granted by Mr Justice Warby illustrates both the issues arising in respect of obtaining injunctions against “persons unknown” and also the technical difficulties in obtaining injunctions restraining any matter relating to news reporting. The applicants were Katherine Kerner and her son Jack. They had sustained press attention because in December the husband of … Continue reading Unknown unknowns in Kerner v (1) WX (2) YZ (Persons Unknown)
On Friday, Mrs Justice Roberts lifted a ban on naming Miss Olive Howell, who she jailed for contempt of court for seven days last Tuesday. Mrs Justice Roberts originally granted the reporting restriction on Tuesday last week during an open hearing for the committal of Miss Howell following her failure to comply with a court order … Continue reading Contempt mother named in High Court
In 2011, superinjunctions were the talk of the town. Fast forward to 2014, not a single application for a privacy injunction was made in London between January and June. In the age of social media, has seeking a privacy injunction become completely pointless? Max Mosley was back in the High Court last week, trying to … Continue reading Are privacy superinjunctions now obsolete?
Todaysure Matthews v Marketing Ways Services demonstrates how the courts will balance the need to uphold a consent order agreed between the parties, with enforcing disclosure obligations owed to the court. In delivering his judgment and upholding the consent order, Teare J held that while the disclosure breach by the claimant was serious, the continuation … Continue reading High Court refuses defendant’s application to set aside consent order despite claimants’ failure to give full and frank disclosure when obtaining an earlier injunction