Arbitration / Mediation / Litigation

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

By Steven Gee, QC
Sweet & Maxwell U.K. December 2006

Specifications

ISBN-13
9781847031310
Publisher
Sweet & Maxwell U.K.
Publication
December 2006
Format
Hardback + Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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

Table of Contents

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