Urgent Preservation Orders

Question 1

Requirements for freezing /Mareva

Answer 1

Available against D and TPs (where necessary t facilitate administration of justice where TP has power of disposition over D’s assets): Cardile

Must comply with PC SC Gen 14, including matters that should be included in affidavit and court will usually require undertakings

Requirements to grant set out in r 25.14 - must have sufficient prospects of favourable judgment and court must b satisfied risk if successful will be unable to satisfy

Question 2

Requirements for search /Anton Piller order

Answer 2

To obtain relief must satisfy Court that r 25.20:

1. Strong Prima face case - genuine likelihood of success on presently available information: Beecham
2. Serious potential for actual loss or damage if not made
3. Sufficient evidence that R possess important evidentiary material AND real possibility R must destroy or make unavailable.

Comply with PN SC 13