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Introduction. To recall, a freezing order is a form of injunction by which an English court can restrain a debtor from disposing of or dealing with their assets until such time as the award/judgment is paid/enforced. This can apply to assets both within England and Wales and abroad.
If granted, a Mareva injunction helps to prevent defendants from getting rid or moving assets and will provide you with a better chance of realizing your judgment against them. Without a Mareva injunction, your investment may be lost, regardless if you are successful in a lawsuit against the defendants.
A Mareva order, or freezing order, can freeze the assets of an individual or company Defendant to a Claim. The respondent to a freezing order, or Mareva order, application can also be a third party. Another party may be the respondent where that party: in any way controls assets of the Defendant(s); or.
A Mareva injunction, also known as a freezing or asset protection order is a type of interlocutory injunction which prevents a defendant/respondent from dealing with the whole or part of their assets (i.e. by moving assets abroad or dissipating them) while legal proceedings are ongoing.
Typically, the Mareva is used to ensure that assets which should be available to satisfy a potential judgment are not spirited away. The Anton Piller is employed to prevent a party from destroying evidence and covering his tracks.