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 7th Edition, published 2020, maintains and extends the quality of previous editions, which has given the book its deserved reputation. It has been updated in the light of extensive new case law and legislative developments, including to the Civil Procedure Rules.
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.
The coverage includes all aspects of injunctions, including General principles, Freezing injunctions, Anti-suit injunctions, Disclosure orders, injunctions in Civil Fraud cases, the injunction jurisdiction against “non-parties” and “non cause of action defendants”, injunctions relating to Arbitration Agreements and in support of Arbitral proceedings, Interim orders of Arbitral Tribunals, Injunctions in support of court proceedings or arbitral proceedings abroad, Conflicts of Law issues, the effects of Comity, injunctions against “persons unknown”, chapters on the law and practice of contempt proceedings in connection with injunctions, Ancillary orders to injunctions, court appointed Receivers including over assets abroad, the cross-undertaking as to damages, the effect of the standard form Freezing injunction which is used in England and other common law jurisdictions, Search orders and the Anton Piller jurisdiction, injunctions in connection with Performance Bonds and Guarantees issued by Banks and others, injunctions ancillary to proceedings to set aside transfers of assets including under s. 423 Insolvency Act 1986, injunctions ancillary to challenging overseas Trusts and offshore company structures, injunctions ancillary to realising assets through insolvency proceedings, the granting of injunctions ancillary to the enforcement of a judgment, “equitable execution”, the practice and procedure on ex parte applications, practice and procedure on applications to discharge injunctions, the principles applicable to granting variations of, and exceptions to injunctions, injunctions relating to intellectual property disputes, changes to the standard form order which might usefully be made on an application for a Freezing injunction, confidentiality of documents used in connection with injunction proceedings, passport orders, injunctions and Family law ancillary relief proceedings and much more. The new edition takes in the many key judgments made since the previous edition, and has a wealth of new content covering new developments.
The title’s in-depth coverage is by an Author who is Leading Counsel in full time practice as an advocate in court and in arbitrations, and as an arbitrator. The book provides a highly practical and invaluable tool for practitioners, offering clear analysis and guidance. The author’s experience of the subject goes back over 40 years and includes when the Mareva jurisdiction first emerged. The text renders difficult concepts easily understandable, answers key questions clearly, and provides a coherent and reasoned statement of the principles applicable to injunctions generally and to injunctions for particular purposes. The Author discusses new developments in a critical way, stimulating further thought, discussion and debate, and looking forward to new developments in injunctions in a changing world altered by the internet, blockchain, cryptocurrencies, and where prompt remedies are needed urgently which will be effective abroad.
This new edition includes an appendix providing a unique comparative look at practice and procedure of injunctions and attachments, including in support of Arbitral proceedings, in the US Federal courts and in New York state courts from the leading US law firm Weil, Gotshal & Manges LLP, which practises internationally.
- Provides unparalleled in-depth coverage of the subject
- The text has been cited in numerous cases including in the Supreme Court and the Privy Council
- 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 jurisdiction preserving assets
- Provides a one-stop source of answers
- Contents:
- – 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 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.;
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