Wills & Trusts Law Reports | Summer 2024 #195Two applications had been made concerning the funeral arrangements of the deceased. In the first application, the claimant (one of the deceased’s children who had the support of her siblings and her mother) applied for an order that she be entitled to possession of the deceased’s body and to make arrangements for its disposal, and for a limited grant of letters of administration (on the basis that the deceased died intestate) under the Senior Courts Act 1981 and an interim injunction restraining the defendant (the deceased’s former partner) from taking possession of the deceased...
Wills & Trusts Law Reports | Autumn 2021 #184The parties were siblings. The application concerned the estate of their mother, PF. PF had divorced from the parties’ father in 1980, after which PF had continued to live in a five-bed council property (the Property) with the children until they grew up. In 2004, PF acquired the freehold for £192,000. At some point, PF adopted three other children.
In around 2009 (on the defendant’s (D’s) evidence), D moved PF out of the Property and into one of D’s properties. According to the claimants’ evidence, PF was already showing signs of paranoia, and in 2015 D was taken to court by a ne...
Rick Brown and Victoria Tait review interesting developments in freezing injunctions ‘Even when a company is dissolved, this will not necessarily be a bar to applying for a freezing injunction.’ Freezing injunctions are an important litigation tool used to ensure potential assets are not disposed of and remain available to satisfy a future judgment. Recent …
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David Manda and Ruth Ormrod report on the Court of Appeal case of Boyd v Ineos Upstream which has provided guidance on the controversial issue of bringing injunctions against ‘persons unknown’ ‘The court discharged those injunctions that purported to prevent unknown people from taking part in protests which may affect Ineos’ suppliers, because they were …
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Ekaterina Pakerova peers down the rabbit hole to consider ownership and control in freezing injunctions ‘Even if the respondent was the sole shareholder this cannot be taken to mean that they own or are in any way entitled to the company’s assets.’ In Alice in Wonderland, the Cheshire Cat famously disappears leaving only its smile. …
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Charles Wynn-Evans reviews recent litigation highlighting some of the legal issues at play when employers seek to enforce confidentiality obligations in a settlement agreement or an employment contract ‘The question is whether, in all the circumstances, it is in the public interest to breach the duty of confidence.’ While the debate about whether to prohibit …
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Gareth Keillor and Rosanna Pinker explore a recent judgment on undertakings with regard to freezing orders ‘The most important factor was that the foreign orders were obtained pursuant to independent rights under Swiss and Lithuanian law, in support of the Lithuanian proceedings, and not for the purpose of enforcing the freezing order or in support …
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Gareth Keillor and Tom Brown review the test for establishing the existence of assets for freezing injunctions ‘The court does not wish to act for no reason, so will not grant an order if there are no assets upon which the injunction could bite.’ In the recent case of Ras Al Khaimah Investment Authority v …
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David Sawtell assesses the utility of notification injunctions ‘An applicant who has successfully obtained a notification injunction should be ready to apply back to court for a full freezing injunction if they are notified or become aware of a transaction or transactions that will damage their position.’ In Holyoake v Candy [2016] Nugee J gave …
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A ‘right to light’ case has lessons for developers wishing to avoid an injunction. Rashpal Soomal explores the nature of the court’s discretion ‘What the Supreme Court has in mind is a sophisticated exercise that requires much more than the traditional “one-size-fits-all” approach to the exercise of injunction discretion.’ Any professional advising developers in particular …
Continue reading "Injunctions: Importance of good conduct"
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