Specific Uses for Mareva Orders

• Author: David A. Crerar
• Pages: 89-99

CHAPTER

6

Specific

Uses

for

Mareva

Orders

A.

INTRODUCTION

By

their

nature,

Mareva

orders

are

generally

granted

prejudgment

at

the

same

time

as

the

action

is

commenced.

A

Mareva

order

can,

however,

be

obtained

at

any

stage

of

a

proceeding.

Facts

may

change,

or

information

may

be

obtained

that

indicates

fraudulent

activities

or

the

impending

dissipation

of

assets

such

as

to

make

an

applica



tion

for

a

Mareva

order

appropriate.

Similarly,

a

Mareva

order

may

be

granted,

and

may

more

readily

be

granted,

after

judgment

to

assist

in

execution,

even

if

the

plaintiff

did

not

originally

apply

for

or

obtain

a

Mareva

order.

Mareva

orders

are

generally

appropriate

only

where

the

plain



tiff

is

seeking

an

order

that

would

allow

it

to

execute

against

the

de



fendant

’

s

assets,

thus

necessitating

a

Mareva

order

to

preserve

those

assets.

Steven

Gee,

QC,

Commercial

Injunctions,

6th

ed

(London:

Sweet

&

Maxwell,

2016)

at

3-030

Thus,

a

plaintiff

that

seeks

only

declaratory

relief,

and

does

not

seek

an

order

with

respect

to

the

defendant

’

s

assets,

is

unlikely

to

be

eligible

for

a

Mareva

order.

Steamship

Mutual

Underwriting

Association

(Bermuda)

v

Thakur

Shipping,

[1986]

2

Lloyd's

Rep

439

(CA)

89