Must you tell them (Mareva)

An application can be made with or without notice depending upon the case. If it is likely that the orders will be defeated because the application is made on notice then it could perhaps the best if the application is ex parte.

In the event that the application is not made on notice there will be additional disclosure requirements on the applicant. The additional disclosure that is required can be difficult to explain to some clients as the solicitor/barrister may need to tell the court about weaknesses in the case that some clients for obvious reasons would prefer not to go into. Nevertheless, as the solicitors primary obligation is towards the administration of justice is necessary to be candid with the court.

If you are in a position where an actual or proposed defendant is taking steps to destroy assets that might be available to satisfy a judgement then seek urgent advice about your rights. For more information call us to discuss whether your case can support an application for a freezing order against the defendant.

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