Asset-freezing injunctions, commonly referred to as Mareva injunctions, are among the most powerful remedies available in civil litigation. They allow courts to freeze a defendant’s assets before a final judgment is rendered to prevent the dissipation of assets that could otherwise frustrate the enforcement of a future judgment. Because of the extraordinary nature of this […]
Category Archives: Mareva Injunctions
Court Maintains Mareva Injunction in Context of NFT Litigation
We have previously written about the requirements that must be met by a party seeking a particular type of injunction known as a “Mareva injunction.” This is a court order that prohibits dissipation of a defendant’s assets. The issue recently arose in a proposed class action involving allegations of fraud and fraudulent misrepresentations in the […]
Consequences of Non-Compliance with a Mareva Injunction
Injunctive relief, such as a Mareva order, is powerful in civil litigation cases. This type of legal remedy may be requested and granted in certain situations where it is appropriate to freeze a defendant’s assets before trial to ensure they cannot be depleted. To spend any money, the party must seek authorization from the court. […]
Mareva Injunctions: Freezing Assets Before Judgment
The remedy of a Mareva injunction is so named having adopted the name of the plaintiff company in a 1975 English Court of Appeal decision (Mareva Compania Naviera SA v. International Bulkcarriers SA). Such an order prohibits the dissipation of the defendant’s assets. In effect, it provides a form of pre-judgment execution and has the […]
‘Overbroad And Overreaching’, Court Of Appeal Overturns Anton Piller And Mareva Orders, Sends Warning To Overzealous Plaintiffs
The Alberta Court of Appeal recently set aside a number of Anton Piller and Mareva orders against certain defendants in Secure 2013 Group Inc. v Tiger Calcium Services Inc., 2017 ABCA 316. While the case originates in Alberta, the Court of Appeal’s commentary on broad and overreaching Anton Piller and Mareva orders serves as a warning for […]