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Commercial Injunctions

By (author) Steven Gee, QC
Format: Hardback
Publisher: Sweet & Maxwell Ltd, London, United Kingdom
Imprint: Sweet & Maxwell
Published: 24th Jun 2016
ISBN-10: 1847036139
ISBN-13: 9781847036131
Barcode No: 9781847036131
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Synopsis
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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Nov 1st 2016, 22:02
‘BECAUSE WE’RE A SMALL ISLAND’….
Awesome - 10 out of 10
‘BECAUSE WE’RE A SMALL ISLAND’….
COMMERCIAL INJUNCTIONS EXPLAINED IN THIS DEFINITIVE WORK OF REFERENCE - NOW IN A NEW SIXTH EDITON

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

To say that this book is a successful legal text is something of an understatement. As this sixth and latest edition from Sweet & Maxwell attests, this highly regarded work of reference on commercial injunctions has a publishing pedigree that goes back about thirty-five years during which time it has become an established authority cited in the courts in England and Wales, as well as internationally.

‘Anyone who needs to know anything about commercial injunctions,’ remarks Lord Neuberger in the foreword, ‘will find the book invaluable.’ ‘In the complex and fast developing area of commercial law,’ he adds, ‘it is important to have a comprehensive up-to-date, authoritative, well-structured and readable book on the topic of commercial injunctions.

He further points out that the development of commercial injunctions has evolved in response to the need to provide a practical service for the commercial community and refers to ‘the consistent determination of the judiciary and lawyers of this country to ensure that the courts maintain a realistic and sensitive attitude to the development of commercial law.’

One obvious reason (and this is rather topical) ‘is the importance of international trade to the inhabitants of a relatively small island.’ Another very relevant point here is that over 75% of litigants in the Commercial Court (in the Rolls Building) are not UK nationals.

As the term “injunction” -- so oft referred to in the press of late -- tends to defy precise definition, the author Steven Gee QC refers to the Civil Procedure Rules which include a glossary, or guide to word meanings in which “injunction” is described as ‘a court order prohibiting a person from doing something, or requiring a person to do something.’

This, says the author, is not a definition, explaining that ‘the meaning of the word, like all other words depends on its context.’ As you would imagine, this point is elaborated upon extensively.

But whichever way you define, or don’t define, an injunction, it can be a frightening thing if you happen to be the recipient of one – and in this context, this area of law becomes specific to corporate lawyers, all of whom must be aware that it can be excruciatingly complicated.

This book therefore, is a valuable statement of -- and explanation of -- the position regarding commercial injunctions now. Covering the evolution of injunctions by way of introduction, it deals, notably with Anton Piller relief and Mareva relief, as well as a host of other matters including anti-suit injunctions, the ‘without prejudice’ rule, the duty to make full and fair disclosure and the serious matter of contempt of court.

Suffice to say that the book covers this fast-moving, ever changing area of law with admirable clarity and it also contains a wealth of research resources, including extensive footnoting, tables of cases, statutes, statutory instruments, civil procedure rules and United States cases.

For ease of use, paragraphs are numbered throughout and there is a detailed table of contents and index. No international or corporate lawyer should be without this definitive work of reference.

The publication date is cited as at 2016.