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Commercial Injunctions
Commercial Injunctions
6th Edition
Practice Area:  Litigation
ISBN:  9781847036131
Published by:  Sweet & Maxwell
Publication Date:  24 Jun 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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

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  • 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” orders, variations to permit payments to non-parties, including legal costs
  • 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
    Criminal Marevas, restraint orders and receivers
  • Appendices

Steven Gee, QC is a commercial litigator with nearly 40 years’ experience and appears as counsel arguing cases and has done so from the beginning of the Mareva jurisdiction.  He appears as counsel in international and commercial arbitrations, sits as an arbitrator and has also acted in numerous arbitrations in England, and abroad. He has appeared as counsel in the Supreme Court of the Republic of Ireland, Bermuda, the Cayman Islands, Hong Kong, the Turks and Caicos Islands, and Antigua. He is a member of the New York Bar and admitted to practice in the State and Federal Courts in New York. He is in independent  practice as a commercial QC, and with a specialist litigation and arbitration firm which has  a number of other QCs.



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“... a major and essential contribution to our jurisprudence on the subject.”
Lord Justice Saville - in the foreword to the 5th edition

“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


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