Commercial Injunctions, 7th ed BY Steven Gee

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Commercial Injunctions, 7th ed  BY Steven Gee

Author
Steven Gee
Publication Date
December 2020
ISBN
9780414082571
Format
Hardcover 
Publisher
Sweet & Maxwell


The standard text on injunctions is known as Commercial Injunctions. In all common law jurisdictions, even at the highest levels, it is cited in arguments and rulings. The book's rightful reputation has been earned, and the 7th Edition upholds and improves upon the quality of earlier versions. In light of significant new case law and legislative changes, especially those to the Civil Procedure Rules, it has been amended.

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 version includes a lot of fresh content covering recent events and incorporates numerous significant decisions made since the last edition.

An Author who is Leading Counsel in full-time practise as an advocate in court and in arbitrations, as well as an arbitrator, is responsible for the title's in-depth coverage. Offering lucid analysis and direction, the book offers practitioners an extremely useful and priceless tool. The author has over 40 years of expertise in the area, including during the early years of the Mareva jurisdiction. The work presents a logical and reasoned description of the principles applicable to injunctions generally and to injunctions for specific purposes. It simplifies complex topics and provides straightforward solutions to important concerns. The author critically examines recent developments, provoking further thought, debate, and discussion. The author also anticipates future developments in injunctions in a world that is changing due to the internet, blockchain technology, and cryptocurrencies, as well as other factors, such as the urgent need for prompt remedies that are applicable internationally.

This new edition includes an appendix that offers a singular comparative examination of the practise 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 preeminent US law firm Weil, Gotshal & Manges LLP, which practises abroad.

  • provides the most thorough examination of the subject available.
  • Numerous cases, including those before the Supreme Court and the Privy Council, have quoted the text.
  • provides helpful guidance on whether to seek injunctions, how to challenge such orders, and the options available.
  • gives important information about how the Mareva jurisdiction is continuing to develop and protect assets
  • a single point of access to all the answers

TABLE OF CONTENTS Of Commercial Injunctions, 7th ed

  • 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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