Paragraph 3 Flashcards
What is another example of how equity has developed to resolve disputes?
The freezing injunction is another example of how equity has developed to resolve disputes.
What case developed the freezing injunction?
This injunction was developed in the case of Mareva Compania Naviera v International Bulk Carriers (1975) following Nippon Yusen Kaisha v Karageorgis (1975).
What problem did this resolve?
This resolved the problem that judgments couldn’t be enforced in international disputes because there were no assets as defendants were transferring them abroad.
What did the Mareva case grant?
The Mareva case granted an order to freeze the defendant’s assets, making them unable to be transferred.
What does this demonstrate?
This, again, demonstrates how equity has developed in order to resolve modern issues.