Podcast Location:
Download it here [file size: 26.8 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 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 Difficulty: 3 of 5
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.
Tags:

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

Podcast last reviewed: 2011-07-25

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