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Vol 21 No 3 March/April 2016

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Commercial Litigation: Pre-emptive Remedies 2nd International Edition

Edited by: Iain Goldrein

ISBN13: 9780414023383
Previous Edition ISBN: 0421933607
Published: December 2011
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £345.00

In stock.

Commercial Litigation: Pre-emptive Remedies 2nd International ed covers the full spectrum of pre-emptive remedies including security for costs, pre-action letters, arbitration, enforcement of foreign judgments, and pre-action procedures in specialist areas.

Importantly it includes discussion of the international element of pre-emptive remedies. It thoroughly discusses the practice and procedure of interim remedies; freezing injunctions and the appointment of receivers; search orders, orders in relation to property and orders to deliver up goods.

The new edition brings all of these areas up to date since the publication of the last international edition in December 2005. Including coverage of:-

  • Article 31 of EU Regulation on Jurisdiction and Judgments
  • Orders under the Arbitration Act 1996
  • Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997
  • Civil Jurisdiction and Judgments Act 1982 (Provisional and Protective Measures)(Scotland) Order 1997
  • Litigation tactics and the new powers
  • Applications made abroad in aid of injunctions and orders made in the English Courts
  • Judicial Discretion and the significance of the originating jurisdiction
  • Role of the European Court of Justice and the approach taken to date

Courts and Procedure
Part A
1: Interim Remedies – Practice and Procedure
2: Freezing Injunctions and the Appointment of Receivers
3: Search Orders, Orders in Relation to Property and Orders to Deliver up Goods
4: Security for Costs
5: Default Judgments and Judgments upon Admissions
6: Summary Judgment
7: Provisional Liquidators and Interim Receivers

Part B: Forms and Precedents
1: Interim Injunctions and Remedies
2: Freezing Injunctions
3: Search Orders
4: Summary Judgment
5: Interim Remedies in Insolvency

Part C
Case File (synopses of key cases)

Part D
1: Interjurisdictional Aspects of Commercial Pre-emptive Remedies
2: Convention Principles and Pre-emptive Remedies
3: Powers of United Kingdom Courts to Grant Interjurisdictional Orders
4: Manoeuvres in Interjurisdictional Tactics
5: Interjurisdictional Pre-emptive Measures: Duties and Practical Considerations.