Commercial Injunctions Contents

By Steven Gee QC

An Injunction is an immediate court order which can operate against anyone, anywhere, backed up with the threat of imprisonment, fine, or confiscation of assets.

“Gee on Commercial Injunctions” written by Steven Gee Q.C., published by Sweet and Maxwell, with an appendix from Shearman and Sterling,  is about all aspects of injunctions in commercial litigation including:

• Freezing injunctions including Mareva injunctions
• Injunctions to enforce contracts
• CPR part 25, the Practice Directions supplementing part 25 and the Example Orders provided by the CPR
• Mandatory Injunctions
• Norwich Pharmacal  jurisdiction
• Disclosure and  other ancillary orders to make injunctions effective
• Interim Orders under CPR 25.1
• Injunctions and arbitrations
• Injunctions against third parties
• Transactions to defeat creditors (s.423 of the Insolvency Act 1986)
• Anti-suit injunctions
• Injunctions and Letters of Credit, Performance Guarantees and Banks
• Contempt of Court and injunctions
• Duty of disclosure and fair presentation on the without notice application and Without Prejudice Privilege
• Undertaking as to Damages
• The territorial limits to the Jurisdiction to grant injunctions in English proceedings
• Free standing injunctions in support of foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act and in support of arbitral proceedings anywhere in the world
• Injunctions in aid of execution
• Receivers appointed by the court
• Search Orders and Anton Piller relief
• Injunctions restraining a professional from acting against a client or former client
• Practice and Procedure
• Precedents
• Restrictions on the use of documents and information obtained in proceedings involving injunctions
• Criminal Marevas, and Restraint Orders
• Appendix on New York Law and Federal Practice written by Shearman and Sterling (http://www.shearman.com):  Jonathan Greenblatt is a senior litigation partner of Shearman Sterling based in Washington and New York.  He acted for the the Bank of China in a series of actions around the world to recover more than $43 million that had been diverted from China's foreign exchange reserves in a massive bank fraud, and for Citibank S.A. in a series of important cases, and is an expert in on lender liability, international arbitration, international insolvency and litigation practice. Benjamin Spencer was at the London School of Economics, Harvard University, on the Harvard Law Review, Shearman and Sterling and is now Assistant Professor of Law, at the University of Richmond School of Law, Virginia, USA (e-mail:aspencer@richmond.edu). The federal courts have the equity jurisdiction that was exercised by the English Court of Chancery at the time the Constitution was adopted and the Judiciary Act of 1789 was enacted, and in Grupo Mexicano De Desarrollo S.A. v Alliance Bond Fund Inc 527 U.S. 308 (1999),  the Supreme Court, by a majority of 5 to 4, declined to introduce Mareva relief as an existing head of Federal equity jurisdiction. The appendix is an invaluable guide to what is available in the US to achieving freezing relief.