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ARTICLE · 21 MARCH 2016

Guide To Asset Freezing Injunctions In Guernsey

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A major risk facing anyone bringing a claim is that the defendant will use the period between becoming aware of the claim and trial to dispose of or hide his assets, so that they will not be available to satisfy a judgment.

GuernseyWealth Management
Anthony Williams
Anthony Williams
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1. THE MAREVA INJUNCTION

A major risk facing anyone bringing a claim is that the defendant will use the period between becoming aware of the claim and trial to dispose of or hide his assets, so that they will not be available to satisfy a judgment. A freezing (or Mareva) injunction is a court order which mitigates this risk by prohibiting the defendant from dealing with or disposing of his assets. Such an order also usually requires the defendant to provide the plaintiff with information about his assets. This information is required for the purpose of enabling the plaintiff to police the injunction – i.e. to ensure that the defendant is not breaching it by disposing of or dealing with those assets.

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