Gee on Commercial Injunctions - 9781847031310

Gee on Commercial Injunctions

(Formerly 'Mareva Injunctions and Anton Piller Relief')

5th Edition, Mainwork & Supplement

ISBN: 9781847031310

Published by: Sweet & Maxwell

Author: Steven Gee, QC

Publication Date: 04 Dec 2006

Format: Hardback

£372.00

Free UK delivery

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Product Description

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).
* 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

Contents

The evolution of injunctions and Anton Pillar 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 Pillar 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 and Anton Pillar relief
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" orders, variation to permit payments to non-parties, including legal costs
Disclosure orders, Norwich Pharmacal relief and orders ancillary to injunctions
Expiry of an injunction, discharge, variation and appeals
Restrictions on the use which may be made of documents or information
Criminal Marevas, restraint orders and receivers
Appendix 1: Obtaining Mareva-style provisional relief in New York State and Federal Courts

Reviews

Practitioners can turn to this book confident that few, if any, of the questions which may perplex them are not discussed and that all relevant authorities in the common law world have been mentioned. - Lord Hoffman - of the previous edition
... a major and essential contribution to our jurisprudence on the subject. - Lord Justice Saville - in the foreword to the 5th edition