Mareva Injunction Order Withdrawal
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FAQ
Such Injunction can be granted under following circumstances: 1. There must be an obligation on part of the defendant to perform certain acts the breach of which, must be alleged by the plaintiff. 2. Such relief must be enforceable by the court.
Mareva Injunction is also known as freezing orders; this is because the fundamental principle of this writ is to freeze the assets of the defendant. These orders are interlocutory orders and are even granted ex-parte, as they are passed to restrain the defendant from dissipating the assets.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
A freezing order (formely known as Mareva injunctions) is an interim injunction prohibiting a potential defendant in criminal or civil litigation proceedings from dissipating assets. Typically, such an injunction is sought to preserve a defendant's assets until a judgment can be obtained.
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.