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Commercial Injunctions

Commercial Injunctions
7th Edition, Mainwork & 1st Supplement
Practice Area:  Litigation
ISBN:  9780414109858
Published by:  Sweet & Maxwell
Publication Date:  22 Jul 2022
Subscription Information:  Non-Subscribable Product
Format:  Hardback, Paperback
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PRODUCT DESCRIPTION

Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. 

The 1st Supplement brings the text fully up to date in the light of extensive new case law and legislative developments, including the UK not acceding to the Lugano Agreement.

Commercial Injunctions provides:
  • Unparalleled in-depth coverage of all aspects of injunctions
  • Highly practical advice on how and when to obtain injunctions, how to defend against such orders and the options available
  • Key insight into the continuing evolution of the Mareva jurisdiction preserving assets
  • A coherent and reasoned statement of the principles applicable to injunctions generally and to injunctions for particular purposes.
  • A one-stop source of answers to key questions
Steven Gee QC is Leading Counsel in full time practice as an advocate in court and in arbitrations, and as an arbitrator. His experience of the subject goes back over 40 years and includes when the Mareva jurisdiction first emerged.

 

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CONTENTS

  1. THE EVOLUTION OF INJUNCTIONS 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. INJUNCTIONS AGAINST THIRD PARTIES
  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 AND ANTON PILLER RELIEF
  18. INJUNCTIONS TO PRESERVE CONFIDENTIAL INFORMATION, PRIVILEGED INFORMATION OR TO PREVENT LAWYERS OR OTHER PROFESSIONALS FROM ACTING
  19. CONTEMPT OF COURT: THE POSITION OF THE DEFENDANT AND NON-PARTIES
  20. CONTEMPT OF COURT: PROCEDURE
  21. FREEZING INJUNCTIONS: THE EFFECTS ON NON-PARTIES, “MAXIMUM SUM” ORDERS, VARIATIONS TO PERMIT PAYMENTS TO NON-PARTIES, INCLUDING LEGAL COSTS
  22. THE WRIT NE EXEAT REGNO AND S.6 OF THE DEBTORS ACT 1869
  23. DISCLOSURE ORDERS, NORWICH PHARMACAL RELIEF AND ORDERS ANCILLARY TO INJUNCTIONS
  24. EXPIRY OF AN INJUNCTION, DISCHARGE, VARIATIONS AND APPEALS
  25. RESTRICTIONS ON THE USE WHICH MAY BE MADE OF DOCUMENTS OR INFORMATION
  • APPENDIX 1 PREJUDGMENT RELIEF AND ANTI-SUIT INJUNCTIONS IN UNITED STATES FEDERAL COURTS AND NEW YORK STATE COURTS
  • APPENDIX 2 FRENCH LAW: INJUNCTIONS, ANTI-SUIT MEASURES, AND SAISIES





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