Podcast Location:
Download it here [file size: 27.4 MB]
Part of:
Corporate Litigation Bundle - CPD Training Bundle
Categories:
Remedies & Enforcement
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to outline the circumstances in which injunctive relief may be obtained in the context of corporate litigation. The podcast focuses on the use of injunctions in shareholder litigation, either by way of a petition for unfair prejudice or through a derivative claim. The podcast also discusses the use of injunctions sought by the company itself to restrain a wayward or renegade director and finally the podcast addresses the use of injunctions by directors themselves to obtain access to company documents, reports and accounts.

Outcomes:
After completing the course you will:
  • Be aware of the unfair prejudice provisions in the Companies Act 2006 and what counts as unfair prejudice;
  • Understand the role of an injunction within the context of a section 994 petition;
  • Know the circumstances in which it may be appropriate to seek an injunction to maintain the status quo;
  • Know the circumstances in which the court will grant and refuse injunctive relief;
  • Know the circumstances in which it will be appropriate for the company to seek an injunction to pursue a miscreant director;
  • Understand how an injunction can be used to enforce a director’s right to see the company’s accounts and records and the scope of that right.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Panel Discussion
Practical Guide
Sources and References:
  • Companies Act 2006 ss 388, 994, 996;
  • O’Neill v Phillips [1999] 1 WLR 1092;
  • American Cyanamid Co v Ethicon Ltd [1975] AC 396;
  • Posgate & Denby (Agencies) Ltd, Re [1987] BCLC 8;
  • Re Premier Electronics (GB) Ltd [2002] 2 BCLC 634;
  • Re Sticky Fingers Restaurant Ltd [1992] BCLC 84;
  • Gamlestaden Fastigheter AB v. Baltic Partners Ltd & Ors (Jersey) [2007] UKPC 26;
  • Williams v Brinkman [2004] EWHC 601 (Ch);
  • Arrow Trading & Investments v Edwardian Group [2004] BCC 955;
  • Hawkes v Cuddy and others Re Neath Rugby Ltd [2009] EWCA Civ 291;
  • Re Canterbury Travel (London) Ltd [2010] All ER (D) 133;
  • CAS (nominees) Ltd v. Nottingham Forest FC Plc [2001] EWHC Ch 442;
  • Re HR Harmer Ltd [1959] 1 WLR 62;
  • Model Articles - Art. 2 / Table A - Regulation 70;
  • Mitchell & Hobbs (UK) Ltd v Mill [1996] 2 BCLC 102;
  • Conway v Petronius Clothing Co Ltd [1978] 1 WLR 72;
  • Oxford Legal Group Ltd v Sibbasbridge Services Plc [2008] 2 BCLC 381 (CA);
  • Bevan v Webb [1901] 2 Ch 59 (CA);
  • Edman v Ross (1922) 22 SR (NSW) 351;
  • Healy v Healy Homes Ltd [1973] IR 309 (Ireland).
Tags:

This podcast with James Potts and Ben Griffiths from Erskine Chambers discusses the use of injunctions – both prohibitive and mandatory – in the context of corporate litigation. It specifically addresses the use of injunctions in 3 circumstances; as part of a claim by a member for unfair prejudice or derivative claim; by the company itself against directors and by a director seeking access to books and records.

Podcast added: 20/09/11

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