This CPDcast is brought to you in association with the Chancery Bar Association and covers a topic that is covered as part of their New Practitioners' Programme.
If you are a ChBA member, you can download this CPDcast free by following these instructions.
Alternatively, you can find out more about the Chancery Bar Association.
- Podcast Location:
- Download it here [file size: 26.8 MB]
- Law Categories:
-
Dispute Resolution
- CPD Points:
- Up to one 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 / ILEX:
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 ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- Standard rate: £25+VAT - Corporate users will pay less.
- 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 familiarise the listener with the key substantive and procedural points to consider when applying for a freezing injunction. It compares and contrasts the Chancery Division's jurisdiction to make a proprietary order and a freezing order and the role of costs for both parties.
The podcast then goes on to discuss effective tactics for both claimant/applicants and defendants/respondents to a freezing application.
- Outcomes:
- After completing the course you will:
- Understand the circumstances in which an application for a freezing injunction will be appropriate;
- Know the substantive and procedural distinction between a freezing injunction and a proprietary injunction;
- Understand the impact of costs when seeking freezing order;
- Know which are the main pitfalls when seeking to keep an injunction on the return day;
- Appreciate how a successful application for a freezing injunction fits within the context of on going litigation;
- Know how to avoid common pitfalls as a defendant and which tactics are most effective when defending an application.
- Level:
- Intermediate
- Classification:
-
Legal Principles
Practical Guide
Procedural
- Sources and References:
-
- Ninemia Maritime v Trave Schiffahrtgesellschaft [1983] 2 Lloyds LR 600;
- Thane Investments Ltd v Tomlinson [2003] EWCA Civ 1272;
- 'Commercial Injunctions' Steven Gee QC London : Sweet and Maxwell (2004);
- CPR Part 25 and PD 25;
- Commissioners of Customs & Excise v Barclays Bank plc [2006] UKHL 28;
- Motorola Credit Corporation v Uzan [2002] EWCA Civ 989.
This podcast will be of interest to chancery practitioners and anyone interested in interim relief in civil litigation. It examines the jurisdiction of the court to make a freezing order and then goes on to discuss best practice and useful tactics for both claimants and defendants.
Podcast added 29/04/09