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Relevant bibliographies by topics / Freezing injunction

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Academic literature on the topic 'Freezing injunction'

Author: Grafiati

Published: 4 June 2021

Last updated: 8 February 2022

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Journal articles on the topic "Freezing injunction"

1

Takahashi, Koji. "Jurisdiction to Grant an Interim Freezing Order: Anglo-Japanese Comparison." International and Comparative Law Quarterly 48, no. 2 (1999): 431–36. http://dx.doi.org/10.1017/s0020589300063272.

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If a defendazCnt to legal proceedings conceals or dissipates his assets before a judgment is given, the execution of the ensuing judgment may become impossible. To preserve the possibility that a future judgment will be executed, both English and Japanese courts have power to grant interim relief freezing a defendant's assets. As is well known, this is achieved in England by the Mareva injunction, which is now called simply “freezing injunction” with the implementation of the new Civil Procedure Rules. In Japan, it is the kari-sashiosae order available under the Civil Interim Relief Law (Minji

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2

Hau, Wolfgang. "Zwangsvollstreckung: Anerkennung und Vollstreckung einer englischen freezing injunction." Monatsschrift für Deutsches Recht 70, no. 21 (2016): 1251–52. http://dx.doi.org/10.9785/mdtr-2016-2108.

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Andrews, N. H. "Freezing Foreign Assets by Mareva Injunctions." Cambridge Law Journal 48, no. 2 (1989): 199–201. http://dx.doi.org/10.1017/s0008197300105276.

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4

Saranovic, Filip. "JURISDICTION AND FREEZING INJUNCTIONS: A REASSESSMENT." International and Comparative Law Quarterly 68, no. 3 (2019): 639–64. http://dx.doi.org/10.1017/s0020589319000265.

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AbstractThe existing international scope of English freezing injunctions in support of foreign proceedings is excessively claimant-friendly and inconsistent with the need for a level playing field in litigation. The English courts must reconsider the current boundaries of relief by taking into account an international systemic perspective of the purpose of private international law rules. This requires a multilateral and horizontal approach to the existence of jurisdiction rather than the unilateral and vertical approach that exists under the rules of jurisdiction of English national law. The

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5

Capper, David. "TORT LIABILITY FOR BREACHING ASSET FREEZING INJUNCTIONS." Cambridge Law Journal 64, no. 1 (2005): 26–28. http://dx.doi.org/10.1017/s0008197305296769.

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Hartley, Trevor C. "THE BRUSSELS I REGULATION AND ARBITRATION." International and Comparative Law Quarterly 63, no. 4 (2014): 843–66. http://dx.doi.org/10.1017/s0020589314000359.

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AbstractThis article considers the effect of the Brussels I Regulation on the arbitration process in EU Member States. The Regulation says that it does not apply to arbitration, but it is unclear exactly what is excluded by this provision. The article first considers this question; it then discusses asset-freezing orders and antisuit injunctions in aid of arbitration and the granting of damages for bringing court proceedings before a court which, in the eyes of the court asked to grant the damages, ought not to hear the case. It finally discusses conflicts between judgments and arbitration awa

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Pacini, Carl J., William S. Hopwood, and Debra T. Sinclair. "Domestic Asset Tracing: Identifying, Locating and Freezing Stolen and Hidden Assets." Journal of Forensic Accounting Research 1, no. 1 (2016): A42—A65. http://dx.doi.org/10.2308/jfar-51549.

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ABSTRACT The rate of recovery of stolen and hidden assets from fraud and other schemes is low. This paper explores two steps of the investigative sequence in pursuing domestic (onshore) asset recovery when the objective is to recover specific assets (or their equivalent value) lost to fraud or hidden for some other purpose: asset identification and location (tracing) and asset freezing. Before pursuing asset tracing and freezing, an attorney, a forensic accountant, and a client must consider various factors, including the cost and likelihood of recovery, as well as whether there are third part

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Robert Rhodes QC and Andrew Maguire. "Cryptoassets—Obtaining English Freezing and Proprietary Injunctions in Relation to Civil Fraud." US-China Law Review 17, no. 2 (2020). http://dx.doi.org/10.17265/1548-6605/2020.02.002.

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9

Bijos, Leila, Luiz Fernando de Oliveira, and Thainá Ferreira Monteiro de Bragança. "DUE PROCESS OF LAW IN EUROPEAN UNION’S ECONOMIC SANCTIONS: THE RESPONSE TO UKRAINIAN CRISISDEVIDO PROCESSO DE LEI NAS SANÇÕES ECONÔMICAS DA UNIÃO EUROPEIA: A RESPOSTA À CRISE UCRANIANA." Caderno de Relações Internacionais 11, no. 20 (2020). http://dx.doi.org/10.22293/2179-1376.v11i20.1259.

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This article focuses on the economic sanctions and the listing process in the light of due process of law, as well as the legitimacy of the European Union to impose such sanctions under international law. It has a qualitative approach, using the methodology of documental analysis (particularly the documents from the European Union Council and Commission) and bibliographical research. Since 2014 the European Union has imposed restrictive measures against the Russian Federation in response to the annexation of Crimea and Sevastopol, as well as ‘destabilization’ of Ukraine. Due to the imposition

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Dissertations / Theses on the topic "Freezing injunction"

1

Saranovic, Filip. "Private international law aspects of freezing injunctions." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/270457.

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The Commercial Court in London is frequently dealing with applications for a freezing injunction. The vast majority of academic literature and court decisions directly or indirectly adopt the view that freezing injunctions have stood the test of time and are so frequently granted in commercial litigation that there is no need for any serious concern about their scope, let alone the need to identify and question the legitimacy of the justifications for their existence. Contrary to the traditional view, this thesis has identified equipage equality as the primary function of freezing injunctions.

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Kelly-Louw, Michelle. "Selective legal aspects of bank demand guarantees." Thesis, 2008. http://hdl.handle.net/10500/1350.

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Bank demand guarantees have become an established part of international trade. Demand guarantees, standby letters of credit and commercial letters of credit are all treated as autonomous contracts whose operation will not be interfered with by courts on grounds immaterial to the guarantee or credit itself. The idea in the documentary credit transaction/demand guarantee transaction is that if the documents (where applicable) presented are in line with the terms of the credit/guarantee the bank has to pay, and if the documents do not correspond to the requirements, the bank must not pay.

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Books on the topic "Freezing injunction"

1

Weibel, Thomas. Enforcement of English freezing orders ("Mareva injunctions") in Switzerland. Helbing & Lichtenhahn, 2005.

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2

Freezing and search orders: Mareva and Anton Piller orders. 2nd ed. LexisNexis Butterworths, 2008.

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3

Sime, Stuart. 43. Freezing Injunctions. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.5236.

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This chapter discusses the rules on freezing injunctions. A freezing injunction is an interim order restraining a party from removing assets located within the jurisdiction out of the country, or from dealing with assets whether they are located within the jurisdiction or not. The order is usually restricted to assets not exceeding the value of the claim. The main purpose of a freezing injunction is to prevent the injustice of a defendant’s assets being salted away so as to deprive the claimant of the fruits of any judgment that may be obtained.

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Sime, Stuart. 43. Freezing injunctions. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.5236.

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This chapter discusses the rules on freezing injunctions. A freezing injunction is an interim order restraining a party from removing assets located within the jurisdiction out of the country, or from dealing with assets whether they are located within the jurisdiction or not. The order is usually restricted to assets not exceeding the value of the claim. The main purpose of a freezing injunction is to prevent the injustice of a defendant’s assets being salted away so as to deprive the claimant of the fruits of any judgment that may be obtained.

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Sime, Stuart. 43. Freezing injunctions. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.5236.

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This chapter discusses the rules on freezing injunctions. A freezing injunction is an interim order restraining a party from removing assets located within the jurisdiction out of the country, or from dealing with assets whether they are located within the jurisdiction or not. The order is usually restricted to assets not exceeding the value of the claim. The main purpose of a freezing injunction is to prevent the injustice of a defendant’s assets being salted away so as to deprive the claimant of the fruits of any judgment that may be obtained.

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Charles, Proctor. Part F Cross-Border Issues, 44 Freezing Injunctions and International Banks. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0044.

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This chapter examines the position of a bank which is notified of the existence of a freezing injunction; it considers at the scope of its responsibilities and liabilities. The discussions cover the nature and effect of a freezing injunction; the action to be taken by a bank on receipt of notice of a freezing injunction; the impact of the injunction on the relationship between the bank and its customer; the relationship between the bank and the applicant for the injunction; the relationship between the bank and certain third parties; and the territorial issues raised by orders of this kind.

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William, Blair, and Seriki Hakeem. 13 Remedies—Injunctive Relief. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199687862.003.0013.

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This chapter focuses on a specific type of interim relief from an arbitral tribunal, namely the grant of an injunction by the court of the seat. It considers two kinds of injunction: the ‘anti-suit’ injunction and the ‘freezing’ injunction.

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Sime, Stuart. 18. Requests for further information. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.2017.

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A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.

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Sime, Stuart. 18. Requests for Further Information. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.2017.

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A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.

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Sime, Stuart. 18. Requests for further information. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.2017.

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A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.

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Book chapters on the topic "Freezing injunction"

1

Sime, Stuart. "43. Freezing Injunctions." In A Practical Approach to Civil Procedure. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858386.003.0043.

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This chapter discusses the rules on freezing injunctions. A freezing injunction is an interim order restraining a party from removing assets located within the jurisdiction out of the country, or from dealing with assets whether they are located within the jurisdiction or not. The order is usually restricted to assets not exceeding the value of the claim. The main purpose of a freezing injunction is to prevent the injustice of a defendant’s assets being salted away so as to deprive the claimant of the fruits of any judgment that may be obtained.

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Sime, Stuart. "43. Freezing Injunctions." In A Practical Approach to Civil Procedure. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838593.003.0043.

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This chapter discusses the rules on freezing injunctions. A freezing injunction is an interim order restraining a party from removing assets located within the jurisdiction out of the country, or from dealing with assets whether they are located within the jurisdiction or not. The order is usually restricted to assets not exceeding the value of the claim. The main purpose of a freezing injunction is to prevent the injustice of a defendant’s assets being salted away so as to deprive the claimant of the fruits of any judgment that may be obtained.

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3

Sime, Stuart. "43. Freezing Injunctions." In A Practical Approach to Civil Procedure. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844521.003.0043.

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This chapter discusses the rules on freezing injunctions. A freezing injunction is an interim order restraining a party from removing assets located within the jurisdiction out of the country, or from dealing with assets whether they are located within the jurisdiction or not. The order is usually restricted to assets not exceeding the value of the claim. The main purpose of a freezing injunction is to prevent the injustice of a defendant’s assets being salted away so as to deprive the claimant of the fruits of any judgment that may be obtained.

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4

Riordan, Jaani. "De-Indexing and Freezing Orders." In The Liability of Internet Intermediaries. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198719779.003.0016.

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This chapter considers the availability of two new forms of injunctive relief against internet intermediaries. The first is a mandatory injunction, likely to be directed at a search engine operator or other aggregator of information, to remove a reference to tortious or unlawful material. Similar relief is already available for the purpose of erasing or blocking access to personal data in the circumstances considered in chapter 10. Equivalent relief may also be available to remove links to copyright infringing material in the form of service provider injunctions under section 97A. In addition to these statutory remedies, wider de-indexing orders are theoretically within the courts’ jurisdiction for at least the purposes of giving effect to fundamental rights or preventing infringements of intellectual property.

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5

Mark, Brealey, and George Kyla. "8 Interim Remedies." In Competition Litigation. Oxford University Press, 2019. http://dx.doi.org/10.1093/law-ocl/9780199665075.003.0008.

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This chapter considers interim remedies that are available in the High Court and the Competition Appeal Tribunal (CAT), with a focus on interim injunctions, interim payments, security for costs, and stay of proceedings. It begins with a discussion of the High Court’s jurisdiction to grant interim or interlocutory injunctions, from interim injunctions in general to mandatory injunctions, quia timet injunctions, freezing injunctions, search orders, anti-suit injunctions, and interim injunctions in aid of foreign proceedings. It also describes the practice and procedure to be followed on an application for an interim injunction, before analysing interim payments, security for costs, and stay of proceedings in greater detail. Finally, it examines interim remedies in the CAT, taking into account a range of issues relating to interim orders in appeals, interim injunctions in private actions, interim payment, security for costs, and stay of proceedings.

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6

Virgo, Graham. "21. Equitable Orders." In The Principles of Equity & Trusts. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804710.003.0021.

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This chapter examines various other equitable remedies to illustrate the significant impacts of Equity on the remedial landscape of English law, particularly in a commercial context. It discusses the key principles that influence the equitable jurisdiction to make orders. These remedies include various types of injunction, including freezing orders, search orders, specific performance, rescission, and rectification. In each case the nature and function of the order is examined and the requirements for obtaining each order is identified. The chapter particularly focuses on the remedy of rescission to determine when the remedy should be available and how it operates. The chapter identifies various principles relating to the award of equitable orders and makes connections to other fundamental equitable principles which have been recognized throughout the book.

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Virgo, Graham. "21. Equitable Orders." In The Principles of Equity & Trusts. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198854159.003.0021.

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This chapter examines various other equitable remedies to illustrate the significant impacts of Equity on the remedial landscape of English law, particularly in a commercial context. It discusses the key principles that influence the equitable jurisdiction to make orders. These remedies include various types of injunction, including freezing orders, search orders, specific performance, rescission, and rectification. In each case the nature and function of the order is examined and the requirements for obtaining each order is identified. The chapter particularly focuses on the remedy of rescission to determine when the remedy should be available and how it operates. The chapter identifies various principles relating to the award of equitable orders and makes connections to other fundamental equitable principles which have been recognized throughout the book.

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8

Colman, Anthony, Victor Lyon, and Philippa Hopkins. "Freezing Injunctions." In The Practice and Procedure of the Commercial Court. Informa Law from Routledge, 2020. http://dx.doi.org/10.4324/9781003122821-7.

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9

Sime, Stuart. "43. Freezing injunctions." In A Practical Approach to Civil Procedure. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198735717.003.5236.

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10

Sime, Professor Stuart. "43. Freezing injunctions." In A Practical Approach to Civil Procedure. Oxford University Press, 2014. http://dx.doi.org/10.1093/he/9780198714484.003.5236.

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