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Contempt in Commercial Litigation


ISBN13: 9781526518873
To be Published: August 2022
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £125.00



Over recent years there has been an increasing trend to resort to committal applications in complex and heavy commercial litigation. The Civil Procedure Rules governing contempt applications have also been revised, and came into effect in October 2020.

Contempt in Commercial Litigation covers:


Substantive law in situations most commonly found in commercial cases:

For example breaches of freezing injunctions (in particular the obligations to disclose, and not to deal with, assets) because that is the context in which a number of contempt applications are made. Other scenarios are also covered, such as anti-suit injunctions, search orders, obligations of disclosure and false evidence in witness statements and affidavits.

Procedural rules:

Coverage of the relevant procedural rules applicable to contempt applications, including consideration of the new Part 81 of the Civil Procedure Rules.

Tactical considerations and practical recommendations

With contempt applications increasing, but having been relatively rare until recently, there are quite a few areas of uncertainty as to how contempt applications should be dealt with. This part of the book looks at tactical considerations on the part of both the claimant and the defendant and examines issues such as when to bring a contempt application, applying to strike-out contempt proceedings and whether a defendant should give evidence in response to the application.

Sentencing:

Includes all the relevant reported cases over a period of time and looks at the sentences imposed in each case.


Contempt in Commercial Litigation is essential reading for practitioners in England and Wales, in particular commercial litigators who may not deal with fraud cases day-to-day, as well as appealing to foreign lawyers and advisers who are litigating, or contemplating bringing claims, in England.

Subjects:
Commercial Law, Courts and Procedure
Contents:
Chapter 1: Introduction
Chapter 2: Principles and development of the law of contempt
Chapter 3: Elements of contempt
Chapter 4: Typical cases of contempt
Chapter 5: Procedure
Chapter 6: Tactical considerations/practical issues
Chapter 7: Sentencing