Short brief about Mareva Injunction, also known as a freezing order,

One example of a case where a Mareva Injunction was granted is the case of Bank of Credit and Commerce International (Overseas) Ltd v Akindele. In this case, the Plaintiff, Bank of Credit and Commerce International (Overseas) Ltd (BCCI) obtained a Mareva Injunction against the Defendant, Akindele, to prevent him from disposing of his assets while BCCI sought to recover money that was owed to it. The court granted the injunction and held that the defendant had a history of disposing of assets to avoid paying debts, and there was a real risk that he would do so again to avoid paying BCCI.

Another example of a case where a Mareva Injunction was granted is the case of “Tolhurst v Tolhurst” where the Mareva Injunction was granted against the husband who was disposing his assets to avoid paying the maintenance to his wife. The court found that there was a real risk that the husband would dissipate his assets to avoid paying the maintenance and thus granted the Mareva Injunction.

Mareva Injunctions can be a powerful tool for plaintiffs to secure their potential judgment and prevent the defendant from hiding or disposing of assets. However, it is important to note that the grant of a Mareva Injunction is discretionary and will depend on the facts of each case. The court will consider whether the plaintiff has a good arguable case, whether the defendant has assets within the jurisdiction and whether there is a real risk that the defendant will dissipate those assets before judgment can be enforced.

In conclusion, Mareva Injunctions are powerful tools for plaintiffs to secure their potential judgment and prevent the defendant from hiding or disposing of assets. These injunctions are granted by the courts when there is a real risk that the defendant may dissipate their assets to avoid paying a judgment. The cases of Bank of Credit and Commerce International (Overseas) Ltd v Akindele and “Tolhurst v Tolhurst” are examples of court cases where Mareva Injunction was granted.