Commercial Injunctions, 5th Edition (Mainwork + 1st Supplement)

Author: Steven Gee, QC
Publisher: Sweet & Maxwell U.K.
ISBN: 9781847031310
Published In: December 2006
Format: Hardback + Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents

Details

This is the definitive text for those engaged in commercial pre-emptive remedies. It provides a detailed treatment of the subject, and has been revised and rewritten in light of the Civil Procedure Rules and other recent developments in the law. Its comprehensive coverage includes all aspects of the law relating to commercial injunctions, including freezing injunctions and search orders. It also provides selected statutory material, precedents, rules and Practice Directions, Standard Form Orders and a comparative look at practice and procedure in New York.

The previous edition was frequently cited in court, in cases such as S & T Bautrading v. Bertil Nordling (Court of Appeal), HM Customs & Excise v. Anchor Foods Limited (Chancery Division), and A/s D/s Svendborg and Others v. AWADA and Others QBD (Commercial Court).

The 1st Supplement was published in December 2006
The Main Work was published in October 2004
Unparalleled, in-depth coverage of the subject
Clear analysis makes difficult concepts simpler for the reader
Includes precedents and forms
Topical - discusses current developments in a critical way, provoking further discussion and debate

Injunctions and the evolution of the Mareva injunction and Anton Piller relief
General principles and enforcement of contracts
Common types of commercial injunctions – Mareva relief
Forms of order
Proceedings relating to assets
The jurisdiction to grant injunctions and Anton Piller relief
Preservation of assets: other types of relief
The without notice application
The duty to make full and frank disclosure and fair presentation
The “without prejudice” rule
The undertaking in damages
The granting of Mareva relief
Mareva relief against assets in the name of or claimed by a third party
Anti-suit injunctions
Injunctions affecting letters of credit, performance bonds and bank guarantees payable on demand or their proceeds
Appointment of a receiver
Search orders
Injunctions to preserve privileged information or to prevent lawyers or other professionals from acting
Contempt of court: the position of the defendant and non parties
Freezing injunctions: the effects on non-parties, “maximum sum” orders, variations to permit payments to non-parties, including legal costs
The writ ne exeat regno and s.6 of the Debtors Act 1869
Disclosure orders, Norwich Pharmacal relief, and orders ancillary to injunctions
Expiry of an injunction, discharge, variations and appeals
Restrictions on the use which may be made of documents or information
Criminal Marevas, restraint orders and receivers
Appendices