CMU Daily - on the inside Thursday 24th March

yesterday's Daily - Daily archive

In today's CMU Daily:
- Both sides claim victory in flyposting court ruling
- Australian record labels vs Kazaa
- Dr Dre in court battle over DVD
- Jackson trial latest
- Trump partners court Jackson for Vegas
- The La's live
- The Coral return
- Death From Above 1979 member has emergency op
- Johnny Cash manager dies
- Stripes finish album
- Mexican pop manager guilty of rape
- Bjork reveals style secrets
- Album Review: Sullen look - Marco Passarani (peacefrog)
- Cheesy Christie lands deal
- American Idol voting fiasco
- Bedingfield is big winner at Capital awards
- Mariah dishes the dirt
- Sugababe has sugababy
- Diabolical Liberties court ruling response

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CMU PRESS ROOM>>

CARLING LIVE 24
Carling, the beer behind some of Britain's biggest and best live music events, is presenting another 24 hour music marathon. Following the success of 2004's Carling Live 24 event in London, this year Carling will be bringing an all day all night line up of great live music to both London and Manchester, the former on 30th April, the latter on 28th may. 26 bands and 13 venues will take part in the event, with Embrace, The Zutons, Ian Brown, Babyshambles, The Chemical Brothers, Doves and Kaiser Chiefs among the artists on the bill. For full press information check the CMU Press Room - where more media information will appear as it is available:

http://www.cmumusicnetwork.co.uk/pressroom/carling24

Advertise your releases and events to CMU Daily's 6500+ readership - classified ad and online press release package just £50 a year. Email sales@cmumusicnetwork.co.uk for details, or check:

http://www.cmumusicnetwork.co.uk/pressroom/info.pdf

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CMU EASTER TIPS >>

VIGSY'S CLUB TIP: Lost @ The Arches, Weston St, SE1.
The quality techno night returns, and they've have moved from the Lighthouse where I had a rather good night seeing Jeff Mills and others, to SE1 and this weekend's line up features none other than Richie Hawtin in the Red room - an exclusive date for his decks and effects routine, the Plastikman returns. Also Black Dog offshoot Plaid come in with a MP3 Ableton laptop/dj set, with regular jock Steve Bicknell. Purple room offer an alternative sound & vision experience from Kim Bilir followed by Stasis. When you are there also find 'inside the white cube' which is an installation featuring the abstraction of colour. Lost parties are quarterly so well worth checking.

Easter Sunday 27 Mar, 10pm - 6am, Weston Street, London Bridge SE1.
£16 in advance or on the door, £15 members. http://www.lost.co.uk, info from EPM.

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EASTER WEEKEND
Well, that religious festival most popular with chocoholics is upon us again, so no Daily tomorrow or Monday, see you back here on Tuesday.

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BOTH SIDES CLAIM VICTORY IN FLYPOSTING COURT RULING
Well, we said all eyes in the ongoing 'Camden versus the evil of flyposting' court case were now on Diabolical Liberties chief Tim Horrox, and this morning all ears are on Mr Horrox as he releases a lengthy statement, for the first time, about the whole thing.
As previously reported, again and again and again, Camden Council last year led a new initiative to use anti-social behaviour legislation to tackle the ongoing issue of flyposting which, for years, local authorities had failed to combat because there were so many loopholes in the laws that governed it. The Council proposed issuing anti-social behaviour orders against anyone linked to a flyposting campaign, which meant if marketing execs coordinated some flyposting (even if they didn't flypost themselves) they were liable to be automatically fined or even jailed. Most marketing execs quickly confirmed they wouldn't be funding any flyposting activity in the future,
especially in North London.

However Diabolical Liberties, the ambient marketing agency who coordinate many fly posting campaigns, refused to make any such commitment, arguing that because they had made moves to regulate flyposting in North London - moves that the agency claimed Camden Council had recently rejected without consideration - they felt they were behaving in a very sociable way and, therefore no ASBOs should or could be issued against them.

The courts initially sided with the council issuing temporary ASBOs preventing four Diabolical Liberties employees, including MD Tim Horrox, from being involved in flyposting. Three of those were dropped last week because those people were no longer employed by the company (or, in one case, by the bit of the company involved in flyposting) which left just Horrox as the Council's target. They wanted a permanent ASBO issued against the marketing chief.

In the end both sides were able to claim victories. The court did issue a permanent ASBO preventing Horrox from being involved in campaigns that paste flyposts on specific buildings in the Camden area. However, Horrox claims he would have been willing to make that commitment without any legal action (in fact, he says he already had). Diabolical Liberties also point out the courts refused the council's requests to make teh ASBO cover any flyposting anywhere in the country - the ASBO that was issued, the agency say, doesn't even prevent flyposting across the whole of the London borough.

Horrox's full response to the court case is published at the bottom of today's Daily. What the latest ruling means for the future of flyposting in North London, and elsewhere, and whether those music and media companies who dropped flyposting as a marketing tool last year will start to use it again, albeit in a more regulated fashion, remains to be seen.

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AUSTRALIAN RECORD LABELS VS KAZAA
Proceedings were drawing to a close this week in an Australian court, as Kazaa owners Sharman Networks reaffirmed their belief that they are innocent in that case brought by the Australian record labels who have sued the company and its directors for copyright infringements committed by around ten million sharers worldwide.

In closing statements at the federal court in Sydney on Friday, the P2P network reiterated their claims that they can not be held liable for the said copyright infringements as they have no means to control how the network users implement the software after it has been downloaded. Whilst the lawyers for Sharman Networks acknowledge that some Kazaa users engage in illegal copying, they maintain that they cannot be blamed, in the same way that the makers of copiers and video recorders could not be held responsible for illegal copies made using their machines.

Defence lawyer Tony Meagher explained that the music industry's suggestion of putting filters on Kazaa to inhibit the exchange of copyright infringing music files is impossible, pointing to structural difficulties, saying "There is no evidence of the existence of a non-optional filter where a third party determines the content to be filtered and imposes that on users." He also told the court that users were informed that the software should not be used for copyright infringement, saying that "We tell these users in our website and we tell them in our licence that they cannot use this for infringing copyright." The judge questioned whether users would even read the agreement, and the lawyer assured him that users had to confirm that they had read the agreement before downloading the software. Record Industry lawyer Tony Bannon called the company's claim that it has no control over the software 'completely mind boggling', pointing out that they collect information about users to sell to advertisers, and continue to reward their users with innovations and features that assist in infringement.

The Record Companies want Sharman networks and its directors declared liable for the infringements, and loss of earnings in a civil case. A decision by Justice Murray Wilcox is expected in several weeks.

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DR DRE IN COURT BATTLE OVER DVD
US rapper Dr Dre was absent from court at a hearing in Flint, Michigan on Monday, as his lawyers asked the judge to dismiss a case brought by three former Detroit City employees, who are suing Dre, along with distributor Time Warner and retailers Best Buy over their inclusion in a 2002 DVD.

The case hinges on the claim that the trio were unknowingly filmed arguing with Dre's representatives at a concert in July of 2000 and that the footage was subsequently used in 2002 documentary, Detroit Controversy, without their knowledge. The conversation recorded took place between tour organisers and the Detroit City Officials at the Joe Louis Arena on July 6 2000 after Dr Dre was forced to drop two sexually explicit videos from his act.

Glenn Oliver, attorney for Greg Bowens, Paula Bridges and Gary Brown, the officials bringing the suit, said that his clients did not authorise their appearance in the documentary, also claiming that that a camera and microphone was used to record the meeting without their knowledge.

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JACKSON TRIAL LATEST
A bit of drama (if it's not already dramatic enough) at the Jacko trial yesterday, as towards the end of the day one of Jackson's legal team, Brian Oxman, collapsed after feeling unwell. The stricken lawyer was lifted from the courtroom on a stretcher and taken straight to hospital.

Earlier in the day proceedings centred mostly on claims by the prosecution that computers seized from Michael Jackson's home contained thousands of pornographic images. The prosecutors want to introduce the images as evidence saying that the pictures back up claims by Gavin Arvizo that the singer showed him internet pornography in his bedroom. They say that as many as 1,700 pornographic images were found, many of them of teenage girls, and that websites surfed on the star's computer included ones to do with 'teens' and 'sluts', although what that proves is anybody's guess as nearly all porn sites these days are ones to do with 'teens' and 'sluts', not that CMU would know anything about that, of course..

Mr. Jackson's lawyers argued that the images were cached, not downloaded and were, in any case, exclusively heterosexual and legal and therefore had little bearing on the case. Judge Rodney Melville agreed and ruled that the material did not relate to the time-frame of the trial and that it was impossible to know who had looked at it, barring the prosecution from showing the images that were found.

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TRUMP PARTNERS COURT JACKSON FOR VEGAS
Elsewhere in Jackson news, reports from Us Weekly magazine suggest that Donald Trump's Las Vegas partners have been courting Jackson to perform at the New Frontier Hotel. Owners Phil Ruffin and Jack Wishna are said to be talking to the pop star's representatives regarding a long term residency a la Celine Dion. Trump and Ruffin are partners in Trump International Hotel & Tower, which is being built behind the New Frontier.

A spokeswoman for Jackson maintained that she was not aware of such discussions but did not rule out the possibility that they may have occurred, given that Jackson has in the past expressed interested in performing in Las Vegas, and is a frequent visitor to the city, as it is home to his parents and sister LaToya

Wishna commented that "There'd be moral clauses in the contract," and added that Jackson would make more cash than Celine Dion, who continues to perform at The Colosseum at Caesars Palace.

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THE LA'S LIVE
Following the story earlier in the week that The La's are to reform for Summer Sonic, comes news that The La's are to play their first UK dates in over a decade, warming up for the Japanese festival with three UK gigs. Lee Mavers, John Power, Jay Lewis and Nick Miniski will all appear.

And those dates are:

13 Jun: Sheffield Leadmill
14 Jun: Manchester Ritz
15 Jun: London Shepherds Bush Empire

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THE CORAL RETURN
And elsewhere in Liverpool band news, The Coral have revealed details of their new album entitled 'The Invisible Invasion'. Work on the album started at the beginning of last year at a rented house in the Lake District and the band say that comparatively little has changed from recordings they made at that time. The album has been produced by Geoff Barrow and Adrian Utley.

Band member James Skelly said: "This record is all the best bits of all our previous albums rolled into one. We also wanted an album we could play live in comparison to the last one. It's a lot warmer-sounding, we wanted the first few records to sound the way they did, with more treble, but this time we wanted to explore something new. We're still learning, so you've just got to keep working hard and then one day you'll be able to look back and see you've made some records that really stand out. You can only really know that later on, for now you've just got to get on with it'. I know I'll never play music as good with anyone else as I do with The Coral. They're my best mates."

The album will be released on May 23, and will be preceded by the release on May 9 of the first single to be taken from the album, 'In The Morning'.

The Coral have also confirmed a new UK tour for April:

20 Apr: Sheffield Leadmill
21 Apr: Manchester Ritz
22 Apr: Glasgow Barrowlands
24 Apr: Bristol Academy
25 Apr: London Astoria
26 Apr: Portsmouth Pyramid

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DEATH FROM ABOVE 1979 MEMBER HAS EMERGENCY OP
Sebastien Grainger, drummer and vocalist with Canadian buzz band Death From Above 1979 has been forced to undergo emergency throat surgery whilst on a tour of North America.

He told NME.com: "The doctor sprayed my throat with a local aesthetic that numbed me so bad it felt like everything in my mouth was a foreign object. Then he injected local aesthetic directly into my tonsils on each side. Then he began to laser out the tonsils. The actual instrument looks like a long silver pen and is attached to a tall power source. There is no matter removed, they just dehydrate and burn away in a puff of smoke, so really for half an hour I was inhaling and exhaling my own flesh. Now the back of my mouth looks like someone took a blow torch to it. The pain comes in and out, but I have 'happy pills.' I'm in good hands." Euugh.

The band return to the UK in May:

18 May: Portsmouth Wedgewood Rooms
19 May: Bristol Fleece
20 May: Leicester Charlotte
21 May: Liverpool Academy 2
22 May: Manchester Academy 3
23 May: Edinburgh The Venue
24 May: Newcastle University Union
25 May: Leeds Cockpit
+26 May: London Scala


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JOHNNY CASH MANAGER DIES
Saul Israel Holiff, the former manager of the legendary Johnny Cash, has died at the age of 79.

Holiff, an entrepreneur from an early age, dabbled in acting before becoming a concert promoter and manager and setting up offices in Nashville and Los Angeles. In addition to managing his most famous client, he handled the careers of other artists such as Tommy Hunter and The Statler brothers. He was Cash's manager between 1960 and 1973, quitting when he thought the singer's career had peaked. "I was guilty for underestimating him repeatedly," he once said.

Mr Holiff retired when he was in his late 40s, and returned to education as a mature student at the University of Victoria, graduating with a degree in history. In 1970, RPM weekly magazine presented Holiff with a special award as the Canadian music industry's man of the year.

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STRIPES FINISH ALBUM
The White Stripes have finished recording their new album about two weeks after they started it, and may release in time for Glastonbury. Their last album was done in ten days at Toe Rag studios in London and work on the new album appears to have come on just as quickly.

A friend of Jack White's told NME.com: "They only started about a week and a half ago and they were aiming to finish the recording on Friday (18 Mar). There's still things to do though, like mixing and mastering. They're working at their usual pace, but to finish an album in this time is impressive nonetheless."

Jack White had said before starting the album: "I'm going home to record and it should be done pretty quick. I've done it [this way] for a long time, in my attic and out of my house, making 45s for bands. When bands would come to town, they'd stay at my house and we'd cut an album. I've been doing it for as long as I've been writing, and for as long as I've had bands, I've been recording. I never knew too much about the technical side, I just wanted to get things on tape that were soulful. And that's the same thing with (Loretta Lynn's 'Van Lear Rose'). It was on 8-track, andwe did it in 12 days."

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MEXICAN POP MANAGER GUILTY OF RAPE
Sergio Andrade, the former manager of 'Mexican Madonna' Gloria Trevi, has been sentenced to seven years and ten months in jail on charges of rape, kidnapping and corruption of minors. Trevi, who was initially implicated in the case, was cleared in 2004 of using her image to attract minors to be abused.

However Andrade, having already served five years, will be allowed to go free on time-served, after paying a small court fine of £169 and reparations of around £49k to his main accuser Karina Yapor. Javier Pineda, the same judge who found insufficient evidence to convict Trevi in 2004, explained that "he's not considered a danger to society" and that he "received this sentence because he had no prior criminal record and was very well behaved during his time in prison"

The former manager had been accused of abusing girls when they came to see Ms Trevi's concerts, but Andrade denied raping or kidnapping Ms. Yapor although he admitted having sex with her.

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BJORK REVEALS STYLE SECRETS
Bjork, who is about to release her remixed album 'Army Of Me' and a DVD of her videos to raise money for the Tsunami appeal has been talking to Radio One about her odd dress sense.

"Yeah I guess I was a bit of a lost case from the start really" she said. "I started really young dressing up in my grandfather's clothes. I remember my Grandad had like woollen really thick pants, you know, and I cut off the legs by the knee and then they were long for me. I must have been 8 or 9 or something."

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ALBUM REVIEW: Sullen Look - Marco Passarani (Peacefrog)
Roma based Passarani is a bit of a techno whizz and has been putting out 12's for well over 10 years. This is his second album and rather good too. From the techno swirls of 'Earth's Heart' to the childlike wonder of 'Red Panda Sunrise' he sets the tone well. 'In my World' is harder, more floor orientated and 'Twisted Romance' takes us into a world of tech akin to Fabrice Lig aka Soul Designer. A rework of Alexander O 'Neal's Criticise Feature - with apparently Erlend Oye (some indie band called Kings of Convenience) on vocals is pretty abstract and detracts from the cause somewhat. 'CBS Master Theme' and 'Dirty Needlework' are little lack lustre but then 'Clair' is excellent dance music which is bettered by 'Claiming my tears Back' a little euro-feel techno gem. 'Rendez-Vous at 2099' is strange again - a Brian Eno styled ambient workout and then into some bizarre vocodered Jungle Brothers ' Girl I'll House You'. All in all good, and many times reminded me why I fell in love with techno, many moons ago. PV
Release Date: 21 March
Press Contact: Peacefrog IH

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CHEESY CHRISTIE LANDS DEAL
Yet more good news for crooner Tony Christie, who has apparently won a £50,000 contract to become the face of Stilton cheese.

The Sun revealed that Christie was approached to appear in a TV by the Stilton Cheese Makers Association, after they saw the Comic Relief video for 'Amarillo' starring Peter Kay. Nigel White from the SCMA said "His success has really turned British music lover on to easy listening - cheesy music is now the hottest thing in the charts."

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AMERICAN IDOL VOTING FIASCO
Controversy in the American Idol camp this week, after suggestions that someone was deliberately putting the wrong voting information on screen. Incorrect call-in numbers were quoted for three contestants, Mikalah Gordon, Anwar Robinson and Jessica Sierra. A series producer dismissed the allegations of conspiracy. "Why would we contaminate the honesty of one of the top-rated shows in America by fiddling with it?" Ken Warwick asked Wednesday in a telephone news conference.

The mistake was chalked up to human error, and, wouldn't you know it, an independent contracter was responsible for the on-screen display. The original votes were cancelled and new voting conducting in an expanded one hour show on Wednesday night, in which the original performances were repeated.

Executive Producer Warwick conceded that the program has been dogged by accusations of everything from racism to an anti-overweight bias. but said he feels the contest's honesty has been proven.

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BEDINGFIELD IS BIG WINNER AT CAPITAL AWARDS
Natasha Bedingfield scooped two top prizes at the Capital FM Awards yesterday, as she was named Favourite UK Newcomer and took the Favourite UK Single gong for 'These Words'.

Other winners included Joss Stone who won in the Favourite UK Album category for LP 'Mind, Body and Soul', Keane, who took Favourite UK Group, and Scissor Sisters who were named Favourite International Artist. Lemar was was crowned Favourite Male Vocalist, Jamelia was named Favourite Female Singer and red carpet diva Mariah Carey collected the Special Award for Outstanding Contribution to Music.

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MARIAH DISHES THE DIRT
And talking of Mariah, Ms Carey has been holding forth with details of her private life in an interview for America Magazine, and has talked about her traumatic marriage to the man that is responsible for making her famous, Tommy Motolla.

Carey reveals that Motolla, who is much older than her, was her first sexual partner: "My relationship with my husband was not a physical relationship…I still have nightmares about it".

Carey also spoke about racial issues, and her alternative upbringing following her parents' divorce.

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SUGABABE HAS SUGABABY
Mutya Buena of Sugarbabes fame gave birth to a yet-to-be named baby girl this morning.

Bandmates Heidi and Keisha released a statement which said: "We're both absolutely delighted at the new addition to the Sugababes family. We're very proud of Mutya and know that she's going to be an amazing mum. We can't wait to have our little Sugababy with us."

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DIABOLICAL LIBERTIES COURT RULING RESPONSE
Here Diabolical Liberties boss Tim Horrox responds to the court ruling that issued a limited Anti-social Behaviour Order against him regarding flyposting in North London.

"Highbury Corner Magistrates Court have today granted the London Borough of Camden a full Anti Social Behaviour Order against me.The terms of the order are identical to those contained within an undertaking volunteered by one of Diabolical Liberties' employees last week before the case came to trial and essentially requires me not to become involved in putting up a poster at certain named structures in the London Borough of Camden.A request made by L B Camden to extend the Order to areas outside the Borough was firmly rejected by the judge.

This has been a bizarre experience for me. I am the owner of a number of media and marketing companies including an advertising agency called Diabolical Liberties. This company acts for many arts and cultural industry clients. In the past the agency has even co-ordinated fly posting work on behalf L B Camden Arts and Leisure

Department who have promoted music festivals in the Borough. The agency has never disputed that one of the services it has provided has been to distribute advertisement posters to groups within the Borough who then erect the posters by means of 'flyposting'.

Attitudes towards 'flyposting' have changed over the years. As a professional advertising man I have always been aware of the limitations of the medium and the balance that needs to be struck between the need for low cost advertising, in particular for local venues and emerging artists and the need to maintain tidy public spaces.

For about ten years now I have been involved in the establishment of authorised poster schemes in various towns and cities throughout the UK. A detailed proposal building upon this substantial experience was prepared during the Spring of 2004 and submitted to L B Camden at the beginning of June 2004. A senior L B Camden official agreed to meet to discuss the proposal on 23rd June 2004. I was also involved at that time in organising a similar high level meeting at the Greater London Authority bringing together figures from the advertising and music industries with senior public officials

The day before the Camden meeting was due to take place it was cancelled by them without explanation. When the matter eventually came to Court L B Camden first claimed that the internal 'Consultation Meeting' the law says is necessary before any ASBO case can be issued took place the day after papers were served on me. During the trial a senior L B Camden official involved in the process claimed that the decision to bring a case against me was taken in public on a train to Slough but that no records of the meeting existed.

The terms of the original LB Camden ASBO application included references to complex Town and Country Planning legislation which would be difficult for any advertising agency client to comply with. This approach was firmly rejected by the judge in September last year and Camden were requested to draw up simpler terms. These required me not to be concerned in placing a poster on certain structures in L B Camden without the permission of the owner. I immediately announced that I would have no difficulty in complying with this request. I instructed my solicitors to offer L B Camden a formal undertaking in the same terms. This was rejected by L B Camden who said that they were determined to seek the terms of their original complex order from the Court. They also said publicly in the press that they wanted any order to apply nationwide.

Despite L B Camden's refusal to accept my undertaking I and my staff have wholly complied with the Court's Interim Order.

During November and December last year a number of advertising frames belonging to other advertising companies, erected with the permission of the owners of the premises to which they were attached, suddenly disappeared in mysterious circumstances. Diabolical Liberties had used these frames as part of an advertising campaign for a particular music client. The matter was reported to the police as an act of theft and the case remains under investigation. During the Trial it emerged that a L B Camden official admitted removing one or more of the missing frames without any legal authority.

Before this Trial commenced I again offered a public undertaking not to instruct persons to erect advertising posters in L B Camden in the same terms to that which L B Camden accepted from a current and two former employees of Diabolical Liberties but this was again rejected by them.

It also emerged during the case that senior Council officials and elected Councillors who had been brought to Court to testify against me had never been shown the 'authorised poster scheme' proposals and based their view of me upon inaccurate information they had read or been told about by officials involved in bringing the case. Publicly, L B Camden officials have stated that they are not interested in such a scheme but we know from industry sources that they have looked at schemes elsewhere in the UK.

During the course of the Camden ASBO case my company has been approached by several Councils elsewhere in the UK to discuss setting up such local schemes and good progress has been made. There are several models which I believe would still provide a lasting solution within our Borough.

As part of its ASBO case L B Camden encouraged local environment enforcement officers in other Boroughs to sign up to their cause. Many rejected the request and of those that expressed an interest not one of them mentioned me by name and most were confused as to what ASBOs actually were. None of those who responded explained what consultationthey had undertaken locally before responding.
I am pleased to say that the Court accepted my solicitor's arguments on this aspect and refused to extend Camden's Order outside the Borough

Now that this case is over the Council no longer has any excuse not to engage with local residents and businesses on this issue and finally undertake a proper consultation exercise balancing everyone's needs and interests. This case has demonstrated the limitations of the enforcement solution; it is now time for a long overdue debate in Camden, one that elsewhere in Britain has brought permanent community benefits.

For my part I will obviously be taking legal advice on an Appeal regarding the way that this case was brought by Camden officials.

Irrespective of the advice I receive regarding any Appeal I will continue to abide by the terms of my public undertakings."

Press enquiries regarding Diabolical Liberties' take on the whole
thing from 020 7916 5483 or comms@diabolical.co.uk

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