Mareva Injunction
Mareva injunction in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of Mareva injunction. This legal term is related to the United Kingom and/or the English Legal System.
Mareva Injunction in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Mareva Injunction, produced by Tetley, in the context of admiralty law: An injunction issued by the courts of the United Kingdom and other British Commonwealth countries, on the motion of a plaintiff at the beginning of or during a suit, enjoining the defendant from removing from the jurisdiction, and/or from dealing with, specified assets (real or personal, moveable or immoveable), in cases where it appears to the court that without the grant of such an injunction, the plaintiff’s recovery on his claim will be jeopardized. The injunction was first granted by Lord Denning M.R. in 1975 in Nippon Yusen Kaisha v. Karageorgis [1975] 2 Lloyd’s Rep. 137 (C.A.), and the name “Mareva” derives from Lord Denning’s second decision issuing such an injunction, in Mareva Cia. Naviera S.A. v. International Bulkcarriers (The Mareva) [1975] 2 Lloyd’s Rep. 509 (C.A.). In the United Kingdom, the Mareva injunction is now provided for by legislation, at sect. 37(3) of the Supreme Court Act 1981 (U.K. 1981 c. 54). See Tetley, M.L.C., 2 Ed., 1998 at pp. 987-997, 1001-1006; Tetley, Int’l. M. & A. L., 2003 at pp. 409-411. In the United Kingdom, the Mareva injunction is now known as a “freezing injunction” (or “freezing order) under the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999, and such an injunction may be granted either to restrain the removal from England and Wales of assets located in that jurisdiction or to restrain dealing with any assets worldwide, pursuant to the Civil Procedure Rules 1998, Part 25 (Interim Remedies), at Rule 25.1(1)(f) and Practice Direction Part 25 (Interim Injunctions) at para. 6. Examples of both types of freezing injunction are provided in the annexes to that Practice Direction. On worldwide freezing injunctions, see, for example, Dadourian Group International Inc. v. Simm [2006] 3 All E.R. 48 (C.A.). Mareva injunction does not exist in the United States. See Grupo Mexicano de Desarollo v. Alliance Bond Fund, Inc. 527 U.S. 308, 1999 AMC 1963 (U.S. Supr. Ct. 1999). For the existence of the Mareva injunction in Canada see Aetna Financial Services Ltd. v. Feigelman [1985] 1 S.C.R. 2.
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See Also
- Law Enforcement Officer
- Police
- Law Enforcement Agency
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