Whether you are the applicant or a defendant - there are very important matters to be considered when dealing with freezing orders. Let our team of experts provide the help you need.
A Mareva order is an old name for a freezing order or freezing injunction. Its name derives from the original name of the case which first gave rise to the authority that a court could give an order stopping an individual or company from getting rod of its assets whilst the main claim between the parties was dealt with.
Whilst a Mareva order still remains a relatively rarely used type of court application, it is certainly very hard hitting when used correctly.
Applying for a Mareva order
Mareva injunctions are not easily obtained from court and very specific tailored evidence is needed at the freezing injunction hearing (together with clear legal arguments) outlining why it is the court should grant a Mareva injunction. The courts don’t grant freezing injunctions lightly due to the very serious nature of the remedy sought. Therefore, any party considering obtaining one needs to go the extra mile to persuade the court that it is appropriate.
At Francis Wilks & Jones we have significant experience in Mareva injunctions. Asset freeze cases are a key are of our expertise and we can assist you in these types of applications.
If you have received a Mareva order
If you are on the receiving end of a Mareva order, we can help make sure that you comply with the terms of that Mareva order and ensure that you do not breach the Mareva injunction.
- commonly, Mareva injunctions or freezing injunctions contain very specific requirements and obligations relating to disclosure of documents and certifying information in an affidavit – often within tight specified time periods;
- it is imperative that these are adhered to so that you do not breach the terms of the Mareva order. Any such breach could be deemed a contempt of court and the ultimate sanction for that is imprisonment.
Whatever your situation regarding a Mareva order, Francis Wilks & Jones is the firm that can help you. This is a complex area of the law and requires specialist legal advice to avoid the common freezing order pitfalls. Contact us now for your initial consultation and we can help.
