Freezing and Search Orders
By Mark Hoyle
Informa Law from Routledge – 2006 – 452 pages
Series: Lloyd's Commercial Law Library
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.