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Articles by Emma Pinkerton
Court scales back HS2 protest injunction as project partially abandoned
04/06/2024 The High Court has recently extended, in time if not geographical spread, an injunction order to protect the HS2 project from unlawful interference by anti-HS2 activists and other trespassers. The decision is significant in two respects: (i) it addresses the... Read more
Newcomer Injunctions: new Supreme Court decision
30/11/2023 This recent decision gives comfort to a number of companies and other entities, particularly in the Energy sector, who have obtained similar injunctions: Wolverhampton City Council and others v London Gypsies and Travellers.Whilst this case related specifically... Read more
High Court grants final injunction restricting disruptive environmental protest actions for five years
High Court grants final injunction restricting disruptive environmental protest actions for five years 18/05/2023 On 3 May 2023 the High Court handed down the judgment of Mr Justice Morris in the case of Transport for London v Persons Unknown. This judgment demonstrates that injunctions of this nature, if properly formulated and supported by evidence, can be granted both... Read more Authors Emma Pinkerton Partner Bristol Valerie Allan Partner Aberdeen
Leon v Kensington Mortgage Company Ltd & Anor (2023) and the concept of subrogation
30/03/2023 This briefing considers the concepts of "subrogation" and "bona vacantia" which were discussed in the recent case of Leon v Kensington Mortgage Company Ltd & Anor [2023] EWHC 121 (Ch). Where a surety or guarantor has to make a payment of the liabilities it has... Read more
’We were on a break’… UK High Court rules that a lease break notice served over 4 years prior is valid
’We were on a break’… UK High Court rules that a lease break notice served over 4 years prior is valid 09/03/2023 On the specific facts of this case the High Court has held that a break notice served four years in advance of the break date was valid. The defendant tenant attacked the validity of its predecessor’s notice, but Judge Hodge KC found that those criticisms raised... Read more Authors Emma Pinkerton Partner Bristol
Injunctions against persons unknown: The wild goose chase continues | Lexology
United Kingdom
March 10 2020 The Court of Appeal has given judgment in the latest round of the battle between Canada Goose and the animal rights protestors, including some useful guidance about applications against persons unknown (Canada Goose UK Retail Ltd v Persons unknown and PETA [2019] EWHC 2459 (QB)).
Restrictive covenant modified to allow development | Lexology
Mrs Geall wanted to convert a barn on land which she owned in East Sussex into a three-bedroom house and obtained the necessary planning permission. However, she was unable to start work because of a restrictive covenant, preventing building, which was contained in the transfer of the land to her in 1987. The beneficiary of the covenant was Mr Hammond, the owner of the neighbouring properties: Cowden Hall and Cowden Hall Farm.
Flexibility for Fracking
The Planning Court has confirmed that a petroleum exploration and development licence ("PEDL") is capable of being varied by agreement between the licensee and the Secretary of State, notwithstanding the lack of an express power to do so within the Petroleum Act 1998 (the PA 1998).
Business specialist courts come together under a new umbrella
From June of this year, the specialist civil courts are to be known as the “Business and Property Courts of England and Wales”, the Courts and Tribunals Judiciary has announced.
Guardian of the Property? The risk and reward of using property guardians to protect vacant property
A recent decision in the Bristol County Court highlights the risks of property guardianship schemes for property owners. Guardians live in commercial property which would otherwise sit unoccupied and, through their occupation, deter vandalism and squatting.
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