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Injunction – Freezing order. A claim was brought by the administrators of the claimant company against various defendants, alleging that assets belonging to an associated company had been transferred to other companies without any consideration having been paid. Freezing orders were granted ex-parte on the application of the administrators and, on the return date of the application, the defendants contended that the injunctions should be discharged because the court had allegedly been misled. Due to lack of court time, the defendants agreed to enter into undertakings. The matter was re-listed and later sent back to the judge who had made the ex-parte injunctions, given the defendants' allegations. The Chancery Division discharged the undertaking where they had been granted on erroneous facts and under the erroneous impression that the draft orders, presented at the ex parte hearing, had been in the standard form and where the draft orders had not been drafted by counsel in the case.
Injunction – Freezing order. A claim was brought by the administrators of the claimant company against various defendants, alleging that assets belonging to an associated company had been transferred to other companies without any consideration having been paid. Freezing orders were granted ex-parte on the application of the administrators and, on the return date of the application, the defendants contended that the injunctions should be discharged because the court had allegedly been misled. Due to lack of court time, the defendants agreed to enter into undertakings. The matter was re-listed and later sent back to the judge who had made the ex-parte injunctions, given the defendants' allegations. The Chancery Division discharged the undertaking where they had been granted on erroneous facts and under the erroneous impression that the draft orders, presented at the ex parte hearing, had been in the standard form and where the draft orders had not been drafted by counsel in the case.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
Let’s hear it for the assessors, says Dame Anne Rafferty of the KC Selection Panel. And to make silk assessors’ lives a little easier when applicants come calling in May, Dame Anne fields some commonly asked questions
