header-logo header-logo

Disarming litigation terrorists

John Fordham explains how devastating freezing injunctions can be

The world of litigation was, for a short period, in grave danger. Its most powerful weapon, the worldwide freezing (Mareva) injunction, had fallen into the wrong hands.

To English litigation lawyers, a worldwide freezing injunction is known as the nuclear weapon in the litigation armoury. Only English and a few like-minded courts have the jurisdiction to grant these very powerful orders. Courts on the continent of Europe do not, neither do courts in the US.

A Denning Creation

The weapon was first fashioned by one of the greatest English judges of the second half of the last century, Lord Denning. One of his relevant decisions concerned a ship called the Mareva which gave its name to Lord Denning's piece of litigation hardware. Commonwealth countries and others followed suit. Subsequently, it was given a statutory basis. Most recently, and regrettably, there has been an attempt to abolish the Mareva name in favour of the allegedly more plain English “freezing injunction”. But, Mareva

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll