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Vol 21 No 1 Jan/Feb 2016

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Cover of A Lincoln's Inn Commonplace Book

A Lincoln's Inn Commonplace Book

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Commercial Injunctions 6th ed

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ISBN13: 9781847036131
Previous Edition ISBN: 9781847031310
To be Published: September 2016
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £249.00



Commercial Injunctions provides definitive guidance for those using or advising on commercial pre-emptive remedies. Covering all aspects of the law relating to the entire spectrum of commercial injunctions, it explains how and when to obtain injunctions, how to defend against such orders and the various options available.

  • Gives practical advice, explaining complicated matters clearly and simply
  • Goes through freezing injunctions (formerly Mareva injunctions), search orders and anti-suit injunctions (including in arbitration)
  • Includes analysis of disclosure orders, proprietary injunctions, confidentiality injunctions (where there are conflicts), standard post-judgment injunctions, arbitration and injunctions, and effects of injunctions on third parties
  • Examines issues of contempt, specific performance, and privilege (as against self-incrimination), and matters related to receivers and to directors
  • Considers expiry of an injunction, discharge, variations and appeals
  • Incorporates updates to the Civil Procedure Rules
  • Explains the impact of the House of Lords decision in Commissioners of Customs & Excise v. Barclay’s Bank
  • Includes precedents and forms, Rules and Practice Directions, and selected statutory material
  • Features as appendices sections describing injunctions from a number of overseas jurisdictions

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Subjects:
Courts and Procedure
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.