Trinity's Paul Kerfoot delivered a talk at Chambers’ recent Business & Property Conference entitled:
‘The Golden Mareva’ - 50 Years of Freezing Injunctions.
It is just over 50 years since the influential decision in Mareva Company Naviera SA v International Bulk Carriers SA (The Mareva) in which Lord Denning MR, presiding over an appeal to the Court of Appeal, allowed a renewed application to prevent the removal of funds linked to the vessel “The Mareva AS” from a London bank account out of the jurisdiction.
In his talk, Paul celebrates the Mareva injunction and examines some of the important changes in the new model freezing order announced as part of the Civil Procedure (Amendment) Rules 2025 (SI 2025/16), which introduced a revised version of CPR 25 and standalone model orders published by HMCTS for freezing injunctions and proprietary and freezing injunctions.
Paul’s talk covers the fundamental elements for the grant of a freezing order, as well as changes to the new model order, including:
- The definition of “value”
- The collateral use undertaking
- Living and legal expenses exceptions
There is a handout that accompanies the session. If you do not have a copy and would like one, please email stevew@trinitychambers.co.uk.
This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.