Podcast Location:
Download it here [file size: 51.7 MB]
Categories:
Fraud, Financial Crime & Anti-Money Laundering
Remedies & Enforcement
Offshore
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 is aimed at commercial and litigation practitioners and those interested in the preservation of assets. By exploring the powers of courts in several Crown jurisdictions it aims to answer two questions: 1) Can the Court grant a free standing freezing injunction in support of foreign proceedings? 2) If so, can it make such an order against a person outside its jurisdiction?

Outcomes:
After completing the course you will:
  • Understand whether the English Court can grant a free standing freezing injunction in support of foreign proceedings;
  • Understand whether the English Court can make a free standing freezing injunction against a person outside its jurisdiction;
  • Understand whether the courts of Jersey, Guernsey, the Isle of Man, the BVI and Cayman have similar jurisdiction.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Procedural
Sources and References:
  • Mareva Compania Naviera SA v International Bulkcarriers SA [1975] 2 Lloyd's Rep 509;
  • The Siskina [1979] AC 210;
  • Channel Tunnel v Balfour Beatty [1993] AC 334;
  • Mercedes Benz v Leiduck [1996] 1 AC 284;
  • Credit Suisse v Cuoghi [1998] QB 818 CA;
  • Fourie v Le Roux [2007] 1 WLR 320;
  • CPR PD 6B;
  • Solvalub Ltd v Match Investments Ltd [1996] JLR 361;
  • Krohn GmbH v Varna Shipyard [1997] JLR 194 ;
  • State of Qatar v Al-Thani [1999] JLR 118;
  • Law Reform (Miscellaneous Provisions (Guernsey) Law 1987 s1(7);
  • Garnet Limited v BNP Paribas SA, Government of Indonesia Intervening [2009 - 2010] GLR 1;
  • High Court Act 1991 s 56B(1);
  • Alfa Telecom Turkey v Telisonera HCVAP 2008/12;
  • Sibir Energy Plc v Gregory Trading SA BVIHCV 2005/174;
  • Black Swan Investment ISA v Harvest View 23rd March 2010 BVIHCV 2009/399;
  • Yukos CIS Investments Ltd v Yukos Hydrocarbons Investments Ltd (unrep 26th September 2011 );
  • Bass v Bass [2001] CILR 317;
  • Telesystem International Wireless Inc v CVC/Opportunity EquityPartners LP 2002 CILR;
  • Deloitte & Touche Inc v Felderhof ((unrep 12th July 2011 (cause no 845 of 1997)), Cayman Court of Appeal;
  • Gillies-Smith v Smith (Cause #0173/2011);
  • VTB Capital v Malofeev unrep (28th September 2011,Grand Court).
Tags:

In this podcast, commercial Chancery silk explores the jurisdiction to make free standing freezing (Mareva) relief in several Crown jurisdictions including England, the Channel Isles, Isle of Man, BVI and Cayman Islands.

Date Recorded 22nd October 2013

Start this CPDcast Activity

© CPDcast.com