freezing injunction

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An injunction enabling the court to freeze the assets of a defendant (whether resident within the jurisdiction of the English court or not); it may be obtained under Part 25 of the Civil Procedure Rules. The injunction prevents the defendant from removing his assets from the jurisdiction of the court, and from disposing of, dealing with, or diminishing the value of his assets. The injunction is draconian and consequently requires clear justification. Any person seeking a freezing injunction must himself disclose all material information to the court. Before the introduction of the Civil Procedure Rules in 1999, freezing injunctions were known as Mareva injunctions, from the case Mareva Compania Naviera S.A. v International Bulkcarriers SA [1980] 1 All ER 213.

Subjects: Law — Social Sciences.

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