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.
Chapter
1. Introduction
Chapter
2. The Background to the "Mareva" Before
1975
Chapter
3. The Background to the "Mareva" After 1975
Chapter
4.
Application for a Freezing Order
Chapter
5. Applications to Discharge and
Vary, And Appeals
Chapter
6. Banks and Other Third Parties (The Consequences
of a Freezing Order)
Chapter
7. Freezing and Restraint Orders: Fraudulent or
Criminal Activity
Chapter
8. Search Orders and Other Connected Orders of the
Court
Chapter
9. Contempt of Court
Chapter
10. The Freezing Order in Private
International Law
Chapter
11. A Comparative View of Freezing and Similar
Orders
Chapter
12. Practical Examples
Mark Hoyle is a barrister with Tanfield Chambers . He is also a chartered arbitrator.