Mareva Injunction - Its Genesis, World-Wide Relevance and Application
By
G. V. G. Krishnamurthy
Introduction
The innovation of 'Mareva Injunction' by British Courts in the recent years adds a new weapon in the armoury "Injunction Jurisprudence" which has been an indispensable ingredient of the 'justice-dispensation-structure' in all countries, which follow civil law system. The English Courts in their decision in Debry & Co. Ltd. v. Weldon (1989) 1 All ER 1002, had referred to the scope of worldwide application of this remedy, keeping in mind the international commercial dealings and the conflict of jurisdiction of Courts, which may arise in such matters.
The Genesis
The genesis of Mareva Injunction has got an interesting background. In the year 1980, Lord Denning, in deciding an application by the Mareva Compania (invoking the provisions of the Supreme Court of Judicature (Consolidation) Act of 1925) articulated an interlocutory injunction for the purpose of protecting the interest of the plaintiff, ....