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Commercial Enforcement

Authors: Andrew Lafferty and Kit Jarvis

ISBN: 9781847662903

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Edition: 2nd

Publisher: Bloomsbury Professional

Law As Stated At: 31 July 2008

Commercial Enforcement

Commercial Enforcement

A unique and invaluable guide for all practitioners that advise on the enforcement of high-value money judgments. Commercial Enforcement provides systematic, practical guidance on the process of preparing for and successfully applying for the various methods of High Court enforcement. This text contains a detailed analysis of the legal issues and underlying case law surrounding each method of enforcement, providing essential background materials and commentary.

New for this edition:

  • The development of the Effective Enforcement White Paper in the form of the Tribunals Courts and Enforcement Act 2007.
  • The Court of Appeal's decisions in Masri v Consolidated Contractors International Co SAL [2008 EWCA Civ 303 and [2008] EWCA Civ 876 in respect of the appointment of a receiver in respect of foreign assets by way of equitable execution (distinguishing the House of Lords' decision in Société Eram), and in respect of CPR Part 71.
  • Carnegie v Giessen [2005] EWCA Civ 191 on charging orders to secure an amount expressed in a foreign currency.
  • AIG Capital Partners v Kazakhstan [2005] EWHC 2239 (Comm) and Westacre Investments v Yugoimport [2008] EWHC 801 (Comm) in respect of third party debt orders.
  • Gater Assets v Nak Naftogaz Ukrainiy [2008] EWHC 1108 (Comm), and Seventh Earl of Malmesbury v Strutt and Parker (a firm) [2008] EWHC 616 (QB) in respect of interest on judgments.

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