The Mareva Injunction and Related Orders by Mark S. W. Hoyle

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The Mareva Injunction and Related Orders by Mark S. W. Hoyle BA, PhD, ACIArb, Barrister. Published by Lloyd’s of London Press Ltd, London (1985, xxv and 135 pp., plus 5pp. Appendix and 8pp. Index ). Casebound £23.50 . The history of the Mareva injunction prompts some reflections at least on the relationship between substantive law, procedure and practice. Whatever may have been the case beforehand, the Court of Appeal’s decision in Lister & Co v. Stubbs 1 was regarded as providing authority for the inability of the court, before judgment, to interfere with the disposal of his assets by a defendent who might deal with them so as to render ineffective the plaintiff’s attempt to enforce his claim after successfully obtaining judgment. However widely Lister v. Stubbs established this position was in one sense irrelevant, for the law was generally regarded in practice as being so. The opportunity for injustice was particularly pronounced where there was, as has become increasingly more feasible in modern times, the possibility of the defendant’s removing assets from the jurisdiction. The utilisation of a particular circumstance to disclose a deficiency which could be exploited to do justice was not one to be overlooked in a Court of Appeal presided over by Lord Denning, MR. Whilst, on the one hand, tracing an ancient pedigree, his Lordship was, on the other, able to lead what he has described as ‘the greatest piece of judicial law reform in my time’.2 So rapid and comprehensive has this reform been that, a mere decade after the initiation of the Mareva procedure, the volume of case …