The Mareva Injunction and Related Orders

The book "The Mareva Injunction and Related Orders" by Mark S. W. Hoyle is a legal textbook that provides an in-depth examination of the Mareva injunction, a powerful judicial remedy used to restrain defendants from removing their assets from the jurisdiction, thereby preventing them from becoming "judgment-proof." Here is a comprehensive overview of the book:

Key Themes

1. Historical Context: The book delves into the history of the Mareva injunction, which was first recognized by the English courts in 1975. This development was significant in English civil law procedure, demonstrating the flexibility and adaptability of judge-made law over statutory reform.
2. Jurisdiction and Procedure: The text explores the jurisdictional and procedural aspects of the Mareva injunction, highlighting its utility in preventing asset removal and its implications for both defendants and third parties.
3. Substantive Law, Procedure, and Practice: The book reflects on the relationship between substantive law, procedure, and practice, emphasizing how the Mareva injunction integrates these elements effectively.

Plot Summary

The book is structured to provide a detailed analysis of the Mareva injunction and related orders. It covers the following key points:

• Introduction to the Mareva Injunction: The text introduces the concept of the Mareva injunction, its origins, and its significance in preventing defendants from removing assets from the jurisdiction.
• Jurisdictional Aspects: It discusses the jurisdictional requirements for obtaining a Mareva injunction, including the need to demonstrate a good arguable case and the potential for irreparable harm if the injunction is not granted.
• Procedural Steps: The book outlines the procedural steps involved in obtaining a Mareva injunction, including the process of applying for the injunction and the potential for contempt charges if the orders are breached.
• Impact on Third Parties: It examines how the Mareva injunction affects third parties, such as banks or other entities holding assets for the defendant, and the obligations placed on them to preserve the assets.

Critical Reception

While specific reviews of the book are not extensively documented in the provided sources, the following insights can be inferred:

• Academic Relevance: The book is considered a valuable resource for legal scholars and practitioners due to its comprehensive coverage of the Mareva injunction and related orders. It is noted for its ability to reflect on the relationship between substantive law, procedure, and practice.
• Practical Utility: The text is praised for its practical utility, providing detailed guidance on the procedural steps involved in obtaining a Mareva injunction and its implications for various stakeholders.

Edition and Publication Details

The book was published in 1985 by Lloyd’s of London Press Ltd. and is available in hardback and paperback formats. There are two editions mentioned: one by Mark S. W. Hoyle and another by D. G. Powles, both published around the same time.

Availability

The book is available for purchase through various sources, including AbeBooks, where it can be bought in used condition for approximately $52.11, with shipping costs adding an additional $25.30.