Pre-Emptive Strikes To Freeze Assets

Freezing Orders/Mareva Injunctions.

Since the early 1970's, Courts in the British Commonwealth have moved to respond to the dishonest dealer who may, if given the opportunity to do so, seek to avoid his obligations by concealing evidence, dissipating or transferring assets, and resorting to delaying tactics. The dramatic creation of the ex parte Mareva injunction and the Anton Piller order represent two of the most important accomplishments of modern English legal reform. These extraordinary remedies put the victim of financial crime in a position of obtaining meaningful pre-emptive and pre-judgment asset freezing and evidence search and seizure relief. They are, however, very special. They can and have been abused.