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Injunctions 12th edition [Paperback / softback]

  • Format: Paperback / softback
  • Pub. Date: 20-Nov-2015
  • Publisher: Sweet & Maxwell
  • ISBN-10: 0414052714
  • ISBN-13: 9780414052710
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  • Format: Paperback / softback
  • Pub. Date: 20-Nov-2015
  • Publisher: Sweet & Maxwell
  • ISBN-10: 0414052714
  • ISBN-13: 9780414052710
Other books in subject:
Injunctions is a concise and practical guide to the subject of injunctions, with particular emphasis on procedure. The decision to grant or refuse an interim injunction will often be determinative of the whole dispute.   Injunctions: Covers the full range of injunctions in one volume. Provides a concise and practical guide with particular emphasis on explanation of procedure. Sets out what remedies are available and to which situations they are best suited. Covers all matters of jurisdiction and the discretionary powers of different courts. Fully explains the criteria for both permanent and interim injunctions. Gives step-by-step analysis of practice and procedure, covering interim applications, other proceedings (including appeals), freezing injunctions, search orders and contempt of court. Contains a useful collection of official and unofficial precedents. Includes a chapter on matrimonial and domestic proceedings written by Her Honour Judge Isabel Parry. Deals with special cases such as ones dealing with restraint of publications, employment contracts, public law, defendants outside the jurisdiction, restraint of legal proceedings, and discrimination. This 12th Edition includes essential updates on: Damages in lieu of an injunction: Lawrence v Fen Tigers No injunction to ban autobiography: Rhodes v OPO The Anti-Social Behaviour, Crime and Policing Act 2014 Important recent case law on freezing injunctions New powers for district judges in injunction cases  
Preface v
Table of Cases
xiii
Table of Statutes
xlv
Table of Statutory Instruments
xlix
Table of Civil Procedure Rides
li
Table of European Materials
liii
List of Abbreviations
lv
Part A JURISDICTION
1 Introduction
1 Definition, classification and effect
1(2)
2 Requirement of a substantive claim
3(4)
3 "Just and convenient"
7(3)
4 Judges and courts
10(2)
5 Parties
12(2)
6 Scope of the remedy
14
Real property
15(1)
Environmental harm
16(1)
Landlord and tenant
17(1)
Employment and industrial relations
18(1)
Intellectual property
19(1)
Commercial
20(1)
Companies
21(1)
Fiduciaries
22(1)
Publications
23(1)
Harassment and anti-social behaviour
24(1)
Family
25(1)
Discrimination
26(1)
Public law
27(1)
Litigation
28
2 Criteria: Permanent Injunctions
1(1)
1 A discretionary remedy
2(7)
The claimant's behaviour
5(1)
The relevance of malice
6(1)
Whether the injunction will be ineffective
7(1)
Minors and protected parties
8(1)
2 Adequacy of damages
9(7)
Discretionary factors
12(2)
Quia timet injunctions: damages in lieu
14(1)
Damages in addition
15(1)
3 Acquiescence or laches
16(4)
Acquiescence
17(2)
Laches
19(1)
4 Mandatory and quia timet injunctions at trial Mandatory injunctions
20
3 Criteria: Interim Injunctions
1 Significance of interim injunctions
1(2)
2 Undertaking in damages
3(9)
Fortifying the undertaking
7(1)
In whose favour does the undertaking operate?
8(2)
Dispensing with the undertaking
10(2)
3 The American Cyanamid case
12(23)
A serious question to be tried
13(5)
Inadequacy of damages to either side
18(2)
Balance of convenience
20(3)
Status quo
23(2)
Special cases
25(1)
Trade dispute defence
26(1)
Actions against a public authority
27(1)
Where the grant or refusal of an injunction will dispose of the action
28(1)
No dispute on the facts
29(1)
Restraint of trade
30(1)
Covenants between neighbours
31(1)
Defamation
32(1)
Matrimonial and domestic proceedings
33(1)
Injunctions pending a reference to the European Court of Justice
34(1)
4 Mandatory Injunctions
35(5)
5 ECHR Article 6
40
4 Special Cases in the Law of Injunctions
1 Contracts of employment and other business relationships Express covenants
1(16)
Indirect specific performance
2(3)
Restraint of trade
5(2)
Breach of confidence
7(2)
Barring-out relief
9(1)
Injunctions against dismissal
10(2)
Injunctions to restrain other breaches of contract by an employer
12(1)
Interim reinstatement
13(1)
Trade disputes
14(2)
Disclosure orders
16(1)
2 Restraint of publication
17(25)
The impact of the Human Rights Act
18(4)
Injunctions contra mundum
22(2)
The form of order and its effect on third parties
24(1)
Public domain exception
25(1)
Defamation
26(2)
Misuse of private information
28(4)
Super-injunctions
32(2)
Anonymised injunctions
34(2)
Hearing in public
36(1)
Preventing contempt of court
37(2)
Criticism of court decisions
39(1)
The Data Protection Act 1998
40(1)
Election statements
41(1)
3 Public law
Restraining the commission of a crime
42(3)
Applications for judicial review
45(1)
Injunctions against the Crown
46(4)
4 Defendants outside the jurisdiction
50(1)
5 Restraint of legal proceedings Litigation in English courts
51(7)
Litigation abroad
54(3)
Arbitration
57(1)
6 Discrimination
58(1)
7 Financial services and consumer contracts
59(1)
8 State immunity
60(1)
9 Harassment and anti-social behaviour
61(9)
The Protection from Harassment Act 1997
62(3)
Injunctions under the Anti-social Behaviour, Crime and Policing Act 2014
65(4)
Gang-related injunctions under the Policing and Crime Act 2009
69(1)
10 Patents and trademarks
70(3)
11 Competition
73
Part B PRACTICE AND PROCEDURE
5 Interim Applications
1(1)
1 Jurisdiction
2(1)
2 Without notice applications
3(9)
3 Without notice hearings: duties to the court
12(1)
4 Documents
13(8)
The claim form
14(1)
Evidence
15(3)
Draft order (without notice)
18(2)
Notice of application
20(1)
5 On notice applications Procedure
21(12)
6 Form of order
33(2)
7 Undertakings
35(2)
8 Costs
37(4)
9 Summary judgment and default judgment Summary judgment
41(2)
Judgment in default
42(1)
10 Striking out a claim for an injunction
43
Appendix: Practice Guidance: Interim Non-disclosure Orders Guidance
1(3)
Statutory provisions
4(4)
Civil Procedure Rules
8(1)
Open justice
9(7)
Consent orders
16(1)
Application
17(1)
Notice of application
18(6)
Notice and undertakings to the Court -- Non-Parties
24(5)
Hearing -- scrutiny of application
29(4)
Explanatory notes
33(3)
Applicant's continuing duty
36(1)
Active case management
37(5)
Hearing notes and judgments
42(4)
Appeals
46
6 Other Proceedings
1 The trial and judgment
1(4)
Undertakings in lieu
2(2)
Declarations
4(1)
2 Inquiry as to damages
5(5)
3 Suspension of injunctions
10(3)
4 Discharge of injunctions
13(2)
5 Release from undertakings
15(1)
6 Part 36 payments
16(1)
7 Discontinuance
17(1)
8 Appeals
18(3)
9 Injunctions pending appeal
21
7 Freezing Injunctions
1 Jurisdiction
1(3)
2 Procedure
4(5)
3 What the claimant must show A cause of action justiciable in England and Wales
9(11)
A good arguable case
13(1)
Assets of the defendant within the jurisdiction
14(2)
A real risk of removal or disposal of the assets
16(3)
The relevance of delay
19(1)
4 Ancillary remedies
Disclosure of documents or information
20(4)
Cross-examination
24(2)
Appointment of a receiver
26(1)
5 Third parties
27(3)
6 Variation and discharge
Applications by the defendant
30(4)
Non-disclosure
34(3)
Applications by the claimant
37(1)
Stay or strike-out
38(1)
7 Competing creditors
39(2)
8 The writ ne exeat regno
41(3)
9 Extra-territorial freezing injunctions in support of claims in England and Wales
44(2)
10 Freezing injunctions in aid of foreign claims Foreign judgments
46(4)
Foreign litigation
47(3)
11 Orders in confiscation proceedings Before the Proceeds of Crime Act 2002
50
Proceeds of Crime Act 2002
56
8 Search Orders
1 Search orders
Entry on premises and removal of material
2(1)
Grounds for a search order
3(6)
Safeguards
9(3)
Applying to discharge
12(2)
Disclosure orders in intellectual property cases
14(2)
Cases not involving intellectual property
16(1)
2 Interim preservation of property
17(2)
3 Delivery up of goods
19
9 Contempt of court
1 Jurisdiction
1(6)
2 Notice of the injunction
7(2)
Penal notice
8(1)
3 Notice of the application to commit
9(2)
4 Procedure at the hearing
11(4)
5 Parallel civil and criminal proceedings
15(2)
6 The penalty for contempt
17(8)
Suspended committal orders
21(2)
Alternatives to committal
23(2)
7 Defects in the committal order or the notice of application
25(2)
8 Applications by a party in contempt
27(1)
9 Declaration that act would not breach injunction
28(1)
10 Appeals
29
Part C MATRIMONIAL AND DOMESTIC PROCEEDINGS
10 Matrimonial injunctions and similar orders
1 Introduction
1(8)
Legal aid
6(3)
2 Jurisdiction under the Family Law Act 1996 Jurisdiction
9(8)
Injunctions against molestation
10(7)
3 Occupation orders The types of order
17(12)
When an occupation order will be made
25(4)
4 Power of arrest and other enforcement procedures under the Family Law Act 1996
29(20)
Power of arrest
31(2)
Wan-ant of arrest
33(4)
Application to commit
37(12)
5 The Forced Marriage (Civil Protection) Act 2007
49(8)
6 The Female Genital Mutilation Act 2003
57(6)
7 The Protection from Harassment Act 1997
63(7)
8 Injunctions concerning children Prohibited steps order
70(14)
Recovery orders
75(1)
Emergency protection orders
76(1)
Injunctions in wardship proceedings
77(3)
Miscellaneous
80(4)
9 Orders to preserve property
84(5)
10 The Human Rights Act 1998
89(133)
Part D PRECEDENTS
Precedents
1 Injunction before issue of a claim form
222(2)
2 Order for injunction
224(3)
3 Order containing an undertaking instead of an injunction
227(2)
4 Adjournment of application for an injunction
229(2)
5 Application for an injunction treated as the trial of the claim
231(2)
6 Freezing injunction
233(6)
7 Search order
239(6)
8 General form of application for injunction: county court
245(1)
9 County court general form of injunction order
246(2)
10 County court general form of undertaking
248(2)
11 Claim form seeking prohibitory and mandatory injunctions: chancery division
250(1)
12 Application notice to continue interim injunction granted without notice: Queen's Bench Division
251(1)
13 Witness statement on application for an interim injunction
252(2)
14 Model interim non-disclosure order with guidance notes
254(10)
15 Model explanatory note to interim non-disclosure order
264(1)
16 Registered land: inhibition in proprietorship register
265(1)
17 Order not to leave the country
266(1)
18 Order giving leave to issue writ ne exeat regno
267(1)
19 Writ ne exeat regno
268(1)
20 Freezing injunction under the Civil Jurisdiction and Judgments Act 1982: endorsement on the claim form
269(1)
21 Mandatory order for disclosure of information ("Norwich Pharmacol order")--- Queen's Bench Division
270(2)
22 Notice of application for interim injunction: county court
272(1)
23 Inter partes injunction against harassment: county court
273(1)
24 Non-molestation order under the Family Law Act 1996 s.42
274(2)
25 Occupation order under Family Law Act 1996 s.33
276(3)
26 Undertaking: county court
279(1)
27 Notice of application to commit: county court
280(2)
28 Reporting restriction order
282(4)
Urgent court business officer numbers for out-of-hours injunction applications 286(1)
Index 287