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16 October 2015 / Clare Arthurs , Richard Marshall
Issue: 7672 / Categories: Features
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A practical alphabet

nlj_7672_a-z

Clare Arthurs & Richard Marshall share an (almost) A-Z guide to freezing injunctions

Adequate remedy

The applicant must show why compensatory damages are not an adequate remedy.

Brace yourself

If you are the applicant, prepare for the respondent to criticise and challenge your application. If you are the respondent, prepare to do battle!

CPR 25

The Rule, and its practice direction. Have you read it recently? Read it again!

Dissipation

What evidence is there that the respondent will/not dispose of his assets?

Ex parte hearing

The court will only to agree to grant an injunction without notice if there is good reason to do so: i.e. exceptional urgency and/or evidence of dissipation.

Full and frank disclosure

The applicant must present all material elements of the case to the court, both legal and factual, whether they support or undermine the application.

Good arguable case

The minimum threshold for obtaining an injunction.

Honesty

Is definitely the best policy. Failure to comply with the duty to give full and frank disclosure throughout the life of the injunction may

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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