We introduce the process

Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI:
We introduce the process

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This chapter discusses various different cases to introduce the procedure known as the mareva injunction. All the other legal systems of the world have a similar procedure. It is called in civil law saisie conservatoire. It was welcomed in the City of London and has proved extremely beneficial. It enables a creditor in a proper case to stop his debtor from parting with his assets pending trial. If it appears that the debt is due and owing — and there is a danger that the debtor may dispose of his assets so as to defeat it before judgment — the court has jurisdiction in a proper case to grant an interlocutory injunction so as to prevent him disposing of those assets. It seems that this is a proper case for the exercise of this jurisdiction.

Keywords: mareva injunction; saisie conservatoire; City of London; creditor; debtor

Chapter.  2408 words. 

Subjects: Constitutional and Administrative Law

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