Freezing and Search Orders

Freezing and Search Orders

Author: Mark Hoyle

Publisher: Taylor & Francis

Published: 2017-09-25

Total Pages: 596

ISBN-13: 1351566490

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This book provides a solid, accurate, and helpful practical reference to those seeking interim relief orders, or fighting them, and to show how they can be flexible to protect legal rights and achieve a cost effective practical result in litigation and arbitration. Litigation and any other form of dispute resolution is redundant if the winning party cannot enforce its judgment or award, or cannot hold the position between the parties in the interim before a decision is made. The theory of who should win needs to give way to the practical, but often complicated, task of ensuring that all relevant evidence is before the decision-maker (judge or arbitrator) and that the potential fruits of a favourable decision are not dissipated to leave the winner without financial or practical recourse. This practitioner's guide enables you to protect your client's position in litigation or arbitration, and ensures that success in court is not hampered by destruction of evidence, or does not lead to an expensive hollow victory because no funds or assets are available.


Freezing and Search Orders

Freezing and Search Orders

Author: Peter Meldrum Biscoe

Publisher: Butterworth-Heinemann

Published: 2008-01-01

Total Pages: 527

ISBN-13: 9780409325454

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A comprehensive analysis of the principles and practice relating to Freezing and Search Orders. This authoritative book now in its second edition, analyses the principles and practice relating to Freezing and Search Orders. The second edition incorporates three major developments since publication of the first edition, namely; the adoption of harmonised rules of court and practice notes throughout Australia, a stream of significant cases, and statutory abrogation of the privilege against self-incrimination in the freezing and search order context. Important Features: Authoritative; Comprehensive; Table of Rules of Court, Practice Notes and Legislation & Precedents


The Three Paths of Justice

The Three Paths of Justice

Author: Neil Andrews

Publisher: Springer

Published: 2018-05-08

Total Pages: 354

ISBN-13: 3319748327

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This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.


Mareva and Anton Piller Orders

Mareva and Anton Piller Orders

Author: Peter Biscoe

Publisher:

Published: 2005

Total Pages: 378

ISBN-13: 9780409321906

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This book comprehensively analyses the principles and practices of Mareva Injunctions and Anton Pillar Orders. It explains their applications to third parties against whom no substantive relief is sought and against overseas assets where serious jurisdicictional problems arise, and much more.


The English Legal System, 7th Edition eBook ePub

The English Legal System, 7th Edition eBook ePub

Author: Jacqueline Martin

Publisher: Hodder Education

Published: 2013-04-26

Total Pages: 354

ISBN-13: 1444183087

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Support a number of intermediate law courses with this brand new edition of our bestselling introductory textbook by Jacqueline Martin. Authoritative and reliable, The English Legal System, 7th edition, ensures that students have a comprehensive understanding of the English Legal System. Written by Jacqueline Martin, who has helped hundreds of thousands pass their exams and enjoy their studies, it maintains a balance between deep insight and easy reading so students can reach their highest potential. The breadth of coverage is especially useful for A level OCR and WJEC Law students, as it covers all the necessary topics and highlights links to these specifications. The text also supports a range of other intermediate courses including ILEX, Access to HE, paralegal, international foundation programme, BTEC in Applied Law, law courses for non-law students in business, accountancy and public services plus Foundation Degree and LLB programmes. - Use diagrams, illustrations, key facts charts and activities to clarify difficult concepts and help students remember the key information - Support understanding and revision with key terms, a glossary for quick reference and examination advice - Hold your students' attention with interesting and informative cases and explanations of the law - Encourage students to question the logic and practicality of the law in England and Wales


A Cross Border Study of Freezing Orders and Provisional Measures

A Cross Border Study of Freezing Orders and Provisional Measures

Author: Tibor Tajti

Publisher: Springer

Published: 2018-06-16

Total Pages: 100

ISBN-13: 3319943499

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This book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-known statement by the Justices of the US Supreme Court expressed in the famous Grupo Mexicano case, according to which the “age of slow-moving capital and comparatively immobile wealth” has now passed, and the 21st century requires a fresh look at the law of provisional measures. In the quest to find a model for interim relief, the Mareva Injunction, subsequently renamed the ‘Freezing Order’ in the English Civil Procedural Rules, is used as the benchmark to which each of the targeted systems discussed here is compared. This is because international scholarship, as well as e.g. the US Supreme Court, generally consider the Mareva Injunction to be the most effective and farthest-reaching provisional remedy. The analysis suggests that the Mareva Injunction / Freezing Order represents the type of relief that will most likely continue to dominate as the most efficient and farthest-reaching interim measure in the years to come.


Remedies in Australian Private Law

Remedies in Australian Private Law

Author: Katy Barnett

Publisher: Cambridge University Press

Published: 2018-09-07

Total Pages: 671

ISBN-13: 1108265855

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The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.


Enforcement of Maritime Claims

Enforcement of Maritime Claims

Author: David Jackson

Publisher: CRC Press

Published: 2013-08-22

Total Pages: 1058

ISBN-13: 1135119155

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The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.


Modern Maritime Law and Risk Management

Modern Maritime Law and Risk Management

Author: Aleka Mandaraka-Sheppard

Publisher: CRC Press

Published: 2014-02-04

Total Pages: 1150

ISBN-13: 1317740815

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Modern Maritime Law and Risk Management provides comprehensive coverage of contemporary international admiralty and maritime law in an easily accessible style. It brings together substantive law, jurisdictional issues and international aspects of maritime liabilities and compensation with a practical discussion of modern risk management. The book is an essential guide for marine lawyers worldwide, students, shipowners, ship managers, salvors, shipbrokers, mortgagees, P&I Clubs, shipbuilders, port authorities, classification societies, regulators and other shipping and risk management professionals. With a wealth of information covered, the book is helpfully divided into four parts – Admiralty Jurisdiction and Procedure; Substantive Law; International Conventions; and Safety at Sea.


Civil Trials Bench Book

Civil Trials Bench Book

Author:

Publisher:

Published: 2007

Total Pages:

ISBN-13:

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This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.