Mareva Compania Naviera SA v International Bulkcarriers SA
1975 · [1975] 2 Lloyd's Rep 509
Posted By lanbuk.com
- Facts
- Shipowners were owed hire by charterers who had money in a London bank and might move it abroad.
- Issue
- Could the court stop the moving their assets before judgment?
- Held
- Yes. The Court of Appeal granted an restraining the removal of the money from the .
- Principle
- A court may freeze a defendant's assets where there is a good arguable case and a real risk that a judgment would otherwise go unsatisfied.
- Why it matters
- It gives its name to the .
Words and Latin in this note
- Freezing injunction
- An order stopping a defendant from moving or hiding assets so that a judgment can be satisfied. Open the note.
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