Podcast Location:
Download it here [file size: 36.1 MB]
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 is aimed at all practitioners interested in civil and commercial litigation and emergency court based relief. It aims to explore the procedural and practical aspects of applying or defending an emergency application for an injunction, including the specialised forms of relief: freezing and search orders. This podcast will also address issues such as discharge, tactical considerations and costs.

Outcomes:
After completing the course you will:
  • Be aware of the range of orders the court can make on an interim basis;
  • Understand the reasons for the growing importance of success or failure of interim emergency applications to the wider litigation;
  • Understand the risks in preparing an application at short notice;
  • Understand the issues surrounding cross undertakings in damages as part of an application for interim injunctive relief;
  • Be aware of the strategies for managing risk as part of an application for an injunction;
  • Understand how the costs of an interim injunction are to be dealt with;
  • Understand the consequences of making an application without notice;
  • Understand how to navigate the American Cyanamid guidelines on interim injunctions;
  • Understand what is required when seeking specialised forms of injunctive relief such as search orders or freezing orders;
  • Be aware of the circumstances in which an injunction will be discharged and how this can be guarded against;
  • Be aware of the relevant considerations as to where to make an application for emergency relief.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Practical Guide
Procedural
Sources and References:
  • CPR Part 25.1;
  • American Cyanamid Co (No 1) v Ethicon Ltd [1975] UKHL 1;
  • Gafford v Graham [1999] 3 EGLR 75;
  • Staines v Walsh [2003] EWHC 1486;
  • Mercedes Benz AG v Leiduck [1995] 3 WLR 718;
  • Broadmoor Special Hospital Authority v Robinson [2000] QB 775;
  • X (a woman formerly known as Mary Bell) v SO [2003] FCR 686;
  • Marketmaker Beijing Co. Ltd & Ors v CMC Group plc & ors [2004] EWHC 2208;
  • Maxine Carr v News Group Newspapers Ltd & Ors (Lawtel CC9600951);
  • Bloomsbury Publishing Group plc v News Group Newspapers [2003] 1 WLR 1633;
  • Series 5 Software v Clarke [1996] 1 All ER 853;
  • Cherney & others v Neuman & others [2009] EWHC 1743 (Civ);
  • Brawley v Marczynski [2003] 1 WLR 813;
  • Boxall v London Borough of Waltham Forest 21st December 2000 (unreported);
  • BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA 939;
  • Posner v Shah (unreported);
  • Lewis v Freighthire Ltd 1 February 1996 (unreported);
  • Laemthong International Ltd v Artis [2005] 1 Lloyds Rep 100;
  • Thane v Tomlinson [2003] EWCA Civ 1272;
  • Anton Piller [1976] Ch. 55;
  • Memory Corporation Plc v Sidhu [2000] 1 W.L.R. 1443, CA;
  • Brink's MAT Ltd v Elcombe [1988] 1 W.L.R. 1350 at 1356, CA;
  • Marc Rich & Co Holding GmbH v Krasner [1999] C.L.Y. 487.
Tags:

This podcast reviews the law, procedure and practice to obtain injunctive relief at short notice including specialist Mareva (freezing) and Anton Pillar (search order) relief. It will deal with the respective pros and cons in seeking such relief, how such injunctive relief can be obtained and the procedural aspects of making an emergency application.

Podcast added: 20/07/12

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