Commercial injunctions
著者
書誌事項
Commercial injunctions
Sweet & Maxwell , Thomson Reuters, 2016
6th ed. / foreword by Lord Neuberger
- タイトル別名
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Mareva injunctions and Anton Piller relief
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注記
Previous ed.: 2004
Includes bibliographical references and index
内容説明・目次
内容説明
Commercial Injunctions needs no introduction as the definitive text for those engaged in commercial pre-emptive remedies. For many years it has been regarded as the bible for legal professionals advising clients on injunctions. This eagerly awaited 6th Edition maintains and extends that sterling reputation. It has been fully updated in light of the Civil Procedure Rules changes and all other developments in this area of the law over the last ten years since the previous edition was published. The comprehensive coverage includes all aspects of the law relating to commercial injunctions, including freezing injunctions, search orders, contempt proceedings, undertakings and damages, enforcement of a judgment, and much more. The new edition takes in the many key judgments made since the previous edition appeared and a wealth of other new content. For example the very important section on contempt of court has been expanded and divided into two distinct chapters. Despite the title's unparalleled in-depth coverage of the subject, it provides a highly practical and invaluable tool for practitioners, offering clear analysis and guidance. The author's renowned understanding of the subject renders difficult concepts easily understandable and answers to key questions clear and accessible. Beyond this, Steven Gee discusses topical developments in a critical way, stimulating further thought, discussion and debate. This new edition also includes an appendix providing a unique comparative look at similar practice and procedure in US federal and New York state courts by three practitioners from the leading US firm Shearman & Sterling. * Provides unparalleled in-depth coverage of the subject * The text has been cited in numerous cases with approval * Gives practical advice on how and when to obtain injunctions, how to defend against such orders and the options available * Provides key insight into the continuing evolution of the Mareva injunction * Provides a one-stop source of answers * Is written in a clear and authoritative style - providing answers and guidance on key issues
目次
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 ord
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