Buch, Englisch, 850 Seiten, Format (B × H): 150 mm x 228 mm
Buch, Englisch, 850 Seiten, Format (B × H): 150 mm x 228 mm
ISBN: 978-1-877511-96-7
Verlag: LexisNexis UK
Search Orders (or Anton Piller Orders as they were originally titled and remained known for some 35 years) represent a highly invasive and draconian use of the Court’s powers in its civil jurisdiction. They direct an owner or occupier of premises to permit, without any prior notice whatever, another person or group of persons to enter private, business or residential premises and seize property and take it away for safe keeping and analysis. They have been regarded as at the extreme outer limits of the Court’s jurisdictions, as with freezing (Mareva) orders.
Developed in England in the early to mid 1970s they became accepted as part of the armoury of commercial and intellectual property litigators in all common law jurisdictions around the world including New Zealand.
In most of those jurisdictions the rules of practice and procedure applicable to search orders were developed incrementally and engrafted on to existing rules of Court dealing with discovery and preservation of property. Gradually codification occurred and almost without exception the jurisdiction is now specifically recognised in bespoke rules of Court.
Written by an internationally renowned author with almost 40 years experience Search Orders is a practical guidance handbook on search orders, ancillary orders and practice and procedure generally.
The book covers: requirements; jurisdiction; procedure; obligations of good faith and full disclosure; undertakings; third party issues; ancillary orders; no departure orders; execution; compliance and costs amongst other relevant matters. It also includes sample forms and precedents.
Autoren/Hrsg.
Weitere Infos & Material
Chapter 1: Introduction
- Richard Ekins
Chapter 2: What Do We Mean By the Rule of Law?
- The Hon Justice Dyson Heydon
Chapter 3: The Rule of Law: Foundational Norm
- Philip Joseph
Chapter 4: Reasonable Disagreement and the Diminution of Democracy: Joseph's Morally Laden Understanding of 'The Rule of Law'
- James Allan
Chapter 5: A Response to Professor Allan
- Philip Joseph
Chapter 6: Legislation, Common Law and the Virtue of Clarity
- Paul Yowell
Chapter 7: Invoking the Principle of Legality Against the Rule of Law
- John Finnis
Chapter 8: Legal Reasoning and Bills of Rights
- Grégoire Webber
Chapter 9: Rights, Interpretation and the Rule of Law
- Richard Ekins
Chapter 10: Three Challenges to the Rule of Law in the Modern English Legal System
- The Hon Mr Justice Sales
Chapter 11: Electoral Finance, Lawmaking and the Politics of the Rule of Law
- Andrew Geddis
Chapter 12: Compensation for Takings of Private Property Rights and the Rule of Law
- Neil Quigley and Lewis Evans
Chapter 13: Tax Avoidance, the Rule of Law and the New Zealand Supreme Court
- Michael Littlewood
