The Interlocutory Mareva Injunction to Freeze the Assets and Property of the debtor in the English Law
A Comparative Analytical study with the precautionary seizure in the Iraqi Law
DOI:
https://doi.org/10.35246/h0pk8w77Keywords:
Interlocutory Remedies, Precautionary and Conservative Seizure, Interlocutory Mareva Injunction, Common Law, Civil Proceedings LawAbstract
The interim protective order to freeze the assets or property of the debtor, for the interest of his or her creditors, known as the Mareva injunction is considered as one of the most considerable means of the precautionary and conservative seizure, and interlocutory remedies available to the creditor, which is included in the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that although the origin and the development of this legal system date back to the principles of equity, but it became as a part of the English common law. Before being codified by the English parliament, and given legislative features or characteristics, and included within, and provided for in the High court Act 1981. Therefore, it is regarded nowadays as a precautionary measure providing an interlocutory relief, and a judicial and emergent remedy for the creditor, containing the freeze of his or her assets or property of the debtor, to prevent him or her from removing or dissipating them. In return the Iraqi law of civil proceedings No. (83) of 1969 regulated a similar protective and conservative means, represented by the precautionary seizure, aimed also at keeping the assets or property of the debtor, and conserving them.
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References
A- The Legal Books
i. Abu Al-Wafa Ahmed (2017), The Commentary on the Civil Proceedings Law, First Edition, Al-Wafa Legal Bookshop Publishing house, Alexandria.
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i. The Iraqi Civil Law No.40 of 1951.
ii. The Iraqi Law of Evidence No.107 of 1979.
iii. The Iraqi Civil Proceedings Law No.83 of 1969.
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B : Laws
i. The Civil Jurisdiction and Judgment Act 1982
ii. The Supreme Court Act 1981
C: Articles of Research
- Campbell McLachlan (1987). Transnational Applications of Mareva Injunctions and Anton Piller Orders. The International and Comparative Law Quarterly. British Institute of International and Comparative Law Vol. 36. No. 3 .Jul.
D: Postgraduate Theses and Dissertations
- Joshua S.A. Sendall (2015). The Evolution, Utility and Effectiveness of the Mareva Jurisdiction in English Law: A Critical Appraisal . Submitted for the Degree of Master of Laws, LL.M. (By Research). Faculty of Arts and Social Sciences. The school of Law. Lancaster University.
E: Internet websites
i. https://swarb.co.uk/lister-and-co-v-stubbs-ca-1890/
ii. https://swarb.co.uk/nippon-yusen-kaisha-v-karageorgis-ca-1975/
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vi. https://swarb.co.uk/a-j-bekhor-and-co-ltd-v-bilton-ca-6-feb-1981/
vii. https://swarb.co.uk/mareva-compania-naviera-sa-v-international-bulkcarriers-sa-ca-1-feb-1975/
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