Commercial Litigation: Pre-Emptive Remedies

Commercial Litigation: Pre-Emptive Remedies by Richard Aird, Iain S. Goldrein epub pdf fb2

Title: Commercial Litigation: Pre-Emptive Remedies
Author: Richard Aird, Iain S. Goldrein
ISBN10: 0414023382
ISBN13: 978-0414023383
Publisher: Sweet & Maxwell; 2nd edition edition (November 1, 2011)
Language: English
Subcategory: Administrative Law
Size PDF: 1509 kb
Size Fb2: 1570 kb
Rating: 3.5/5
Votes: 492
Pages: 1396 pages
Other Format: lit mobi lrf docx

Commercial Litigation: Pre-Emptive Remedies by Richard Aird, Iain S. Goldrein


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This work 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. The work: Provides broad coverage of a wide range of pre-emptive remedies including pre-action letters, enforcement of foreign judgments and procedures in specialist areas such as IP and personal injury Offers a practical approach: explaining the application and enforcement procedures, and includes checklists for finding quick solutions to problems 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 Contains a Case File section with synopses of key cases Provides separate chapters on: o Security for costs o Default judgments and judgments upon admissions o Summary judgments o Provisional liquidators and interim receivers Includes a large selection of forms and precedents with sub-sections relating to: o Interim injunctions and remedies o Freezing injunctions o Search orders o Summary judgments; and, o Interim remedies in insolvency Features an Interjurisdictional Perspective section, with separate chapters on: Interjurisdictional aspects of commercial pre-emptive remedies; Convention principles and pre-emptive remedies; Powers of UK courts to grant interjurisdictional orders; Manoeuvres in interjurisdictional tactics; Interjurisdictional pre-emptive measures: duties and practical considerations. Relevant new legislation and changes 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. Contents 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-empt8ve 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 Jurisdiction: International