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news from 06.2012

Olympics Injunction

28.06.2012

Hackney LBC have succeeded in obtaining an injunction banning a large traveller family from land near Olympics sites. All but one of the family members have been banned from Hackney’s 58 public open spaces until after the Olympics have concluded in September
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‘Crime generator’ nightclub shut down by Camden Council

28.06.2012

(Reproduced with the kind permission of Camden Council)

Notorious night spot The Den in Holborn has had its licence revoked by a magistrates court following Camden Council’s intervention.

The club at 18 West Central Street, known as The Den and Centro, had a 24 hour premises licence and was plagued with anti social behaviour, drug dealing and violence.
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Another ‘Occupy’ protest evicted

19.06.2012

Jon Holbrook obtained a possession order for a London local authority to secure the summary eviction of members of the “Occupy” protest group from a public park.  The claim was issued in the High Court on 18 May, heard on 24 May and enforced on 25 May.  Neil Brand of Devonshires, who instructed Jon Holbrook, says:
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Another post-Pinnock proportionality defence dismissed

18.06.2012

In London Borough of Hillingdon v Neil Henley HHJ Hand QC dismissed a Pinnock defence by a failed successor to a 3-bedroom house and made an order for possession.

The facts of the case were unusual: Mr H, 51, had lived at the property for the majority of his life, initially with his parents. His mother had succeeded to the secure tenancy upon his father’s death and upon her death he was left in occupation, with no right to succeed as he was a ‘second successor’. The Council resolved to grant him a discretionary tenancy of a one-bedroom flat elsewhere in the Borough but he declined to move and sought to defend the ensuing possession proceedings on the basis that it would be disproportionate to evict him; and that he would attack bailiffs and any housing officer (including ones he named specifically) that attempted to carry out the eviction, and also himself, should he be evicted. He relied on the evidence of a psychiatrist, Dr Ike Azuonye, who had examined him and reported that his attachment to his parental home was so strong as to make a violent reaction inevitable if attempts were made to evict him.
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GDC v Anjomani

15.06.2012

June 2012

Tom Cosgrove appeared for the General DC in this case which concerned serious clinical failings by a dentist. The dentist was suspended for 12 months.

‘Occupy’ encampment evicted from Finsbury Square

14.06.2012

The ‘Occupy’ protesters at Finsbury Square, London EC2, were evicted this morning, 14 June 2012. This follows the successful summary determination of proceedings by Mr Justice Hickinbottom on 1 June 2012 and the refusal of permission to appeal by the Master of the Rolls yesterday afternoon.

Ranjit Bhose QC of Cornerstone Barristers was instructed by the London Borough of Islington to advise and appear in this high-profile case, part of the ‘Occupy’ movement’s earlier occupation of land surrounding St Paul’s Cathedral.
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Gerard Forlin QC to chair The SHE Show North West 2012

14.06.2012

Gerard Forlin QC is to chair and speak at The SHE Show North West 2012 in Blackpool.

The SHE Show is a high profile conference running alongside an exhibition featuring key suppliers and service providers in the fields of safety, health and environment. Now in its fourth year it is fast becoming one of the most successful event of its kind in the SHE arena.
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Crystal Palace Park rejuvenation challenge rejected

12.06.2012

The challenge to the planning permission granted by the Secretary of State for a major rejuvenation of Crystal Palace Park was rejected on all grounds by Mr Justice Keith in the High Court on the 12th June 2012.

Richard Ground was instructed by Herbert Smith to appear for the London Development Agency in the High Court and at the Inquiry into the Masterplan proposals for the comprehensive improvement of Crystal Palace Park.  The Inspector recommended to the Secretary of State that the proposals should be granted and the Secretary of State granted permission on 13 December 2010.
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NPPF and out of date planning policies

01.06.2012

James Findlay QC acted for Cafe Nero in a very full hearing in Skipton.

The case was one of the first to deal with the crucial question of the proper approach to out of date policies (in this case protecting high street uses) in light of the National Planning Policy Framework.
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