Thesis (doctoral)--Universität Breslau, 1914. / Includes bibliographical references (p. vi-viii).

The purpose of the study was to determine if the labour injunction was a necessary recourse for Canadian labour management disputes. It was hypothesized that the use of injunctions is a function of attitudes rather than legislation; that there tends to be an increase in the incidence of injunctions during periods of industrial conflict; and that the injunction must be available to protect the right to private property and the right to private contract. These postulates were substantiated through a review of the injunctive processes of Great Britain, Australia, the United States and Canada (Ontario and British Columbia). It was further hypothesized, that if the injunctive legislation was necessary, then the present process required change, as it is not as efficacious as originally postulated. The alternatives presented are based on data obtained from the analysis of the three previously named countries and Canada. The proposed changes are presented in relation to British Columbia, but are applicable to the other provinces of Canada. / Business, Sauder School of / Graduate

Thesis (doctoral)--Universität Köln.

Thesis (doctoral)--Universität Marburg.

Thesis (doctoral)--Universität Frankfurt am Main, 1972. / Includes bibliographical references (p. 6-14).

Univ., Diss.--Köln, 2006.

The Commercial Court in London is frequently dealing with applications for a freezing injunction. The vast majority of academic literature and court decisions directly or indirectly adopt the view that freezing injunctions have stood the test of time and are so frequently granted in commercial litigation that there is no need for any serious concern about their scope, let alone the need to identify and question the legitimacy of the justifications for their existence. Contrary to the traditional view, this thesis has identified equipage equality as the primary function of freezing injunctions. This recognition that freezing injunctions seek to establish a level-playing field in litigation has led the author to conclude that the current scope of the relief is excessively claimant-friendly and involves illegitimate interference with the sovereignty of foreign states. Taking into account the tactical reasons for seeking a freezing injunction, the author challenges the current interpretation of the substantive preconditions for granting the relief. Their current interpretation does not strike a fair balance between the interests of the parties. The author argues that these concerns are exacerbated by the current international scope of freezing injunctions due to the insufficient regard for the principles of public international law. The encroachment on the jurisdiction of foreign states undermines equipage equality by enabling claimants to make multiple applications for interim relief in respect of the same assets. In the light of the above, the author has sought to make a range of proposals to restrict the scope of freezing injunctions with the aim of bringing the relief in line with equipage equality.

Since the implementation of Directive 2004/48 EC on the Enforcement of Intellectual Property Rights in Sweden there is today a possibility for pharmaceutical companies holding a patent to issue interim injunctions against a generic company on the grounds of an attempt or preparation to a pharmaceutical patent infringement. It has been shown that one of the earliest steps in which a generic company may infringe a pharmaceutical patent is to offer the generic drugs onto the market. However, since the implementation of the attempt and preparation rule in the Swedish Patent Act questions have been raised as to in what stage interim injunctions may be issued against an attempt or preparation to offer generic drugs onto the market made by generic companies. This thesis has therefore intent to investigate at what stage interim injunctions may be applied for against a generic company on the grounds of an attempt or preparation to offer generic drugs. In the thesis the writer argues that in order for an attempt or preparation to offer generic drugs to exist an overall assessment must be made of the particular situation and that there is no specific principles to follow in order to determine either an attempt or a preparation to offer generic drugs. However, some guidance might be brought from Danish case law in order to establish a preparation to offer generic drugs in Sweden.

Yes / This article examines the frequency, nature and outcomes of employers seeking injunctions against strikes and industrial action mounted by unions between 2005 and 2014. The number of actual and threatened applications continues to be relatively high compared with the previous period when strike levels were significantly higher, with employers continuing to gain overwhelmingly successful outcomes. Yet usage is increasingly concentrated in a small number of industrial sectors, suggesting the notion of ‘strike effectiveness’ provides the best means by which to explain their relative frequency and presence. Comparative analysis with Ireland highlights the specificity of the nature of British legal regulation of employer seeking injunctive relief.

LL.M. (Commercial Law) / Applications for prohibitory injunctions or interdicts against payment under documentary credits are seldom awarded. However, both English and South African law provide alternative forms of relief. These alternative orders focus on how the beneficiary deals with the proceeds of the credit rather than the prevention of payment thereof. One such alternative is the Mareva injunction of English law which, through freezing the beneficiary’s assets, prevents the removal thereof from the area of the court’s jurisdiction once judgment is given. The South African equivalent of the Mareva injunction is known as the anti-dissipation interdict and has yet to be applied to the law of documentary credits by the South African courts. However the South African attachment application has been so applied. Therefore this dissertation seeks to conduct a comparative analysis between South African and English law Marevatype injunctions on the proceeds of documentary credits, focusing especially on the judgments handed down in Intraco Ltd v Notis Shipping Corporation of Liberia and Ex Parte Sapan Trading (Pty) Ltd. Chapters Two, Three and Four will explore the nature, development, requirements and effects of the injunctions and interdicts through local and international case law as well as the prospects of a successful application under each. Finally Chapter Five will critically analyse, comment and draw conclusions from Ex Parte Sapan Trading (Pty) Ltd.