The book Debt Recovery Mareva Injunction and Anton Piller Orders was written to inform those interested about the development of this aspect of the law as it relates to debt recovery. The mareva injunction has been described by Donaldson J. in Bank Mellat v. Mohammed Abraham Nikpour as the nuclear weapon of commercial litigation.
The procedure must be mastered and applied by our commercial court. “My people perish for lack of knowledge”. The court by pilling Mareva on Anton Piller will prevent the dissipation of assets by debtors and the worldwide mareva injunction will help in attaching assets outside the court jurisdiction from being disposed off.
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TABLE OF CONTENTS
CHAPTER 1
EVOLUTION OF MAREVA INJUNCTION AND ANTON PILLER RELIEF
1.01 Mareva Injunction
1.02 The Anton Piller relief Historical background and evolution
1.03 Recent developments in Mareva Injunctions and Anton Piller relief
1.04 Mareva Injunctions
1.05 Mareva Injunctions General Principles
1.06 Scope of Mareva Injunction and Type of assets subject to Mareva injunction
1.07 Mareva Injunction before or after judgment
1.08 The Anton Piller order: General Principles
1.09 Nature of Anton Piller Jurisdiction
1.10 Anton Piller order and Debt Recovery
1.11 Mareva Injunctions & Anton Piller orders-Practice
1.12 Distinction between Mareva Injunction and Anton Piller order
CHAPTER 2
THE MAREVA INJUNCTION AND DEBT RECOVERY
2.01 Allegation of dealing with disposing or dissipation of assets
2.02 Prohibition on dealing with Assets
2.03 Application for Mareva Injunction
2.04 The ex-parte application and motion on notice requirement Of the constitution
2.05 Urgent Applications
2.06 Application during Court Vacation
2.07 Evidence-Mareva Injunctions and Anton Piller orders Evidence- Mareva Injunctions
2.08 Evidence Anton Piller orders
2.09 Undertaking as to damages Mareva Injunctions and Anton Piller orders
2.10 Undertaking in respect of third Parties
2.11 Comparison of Mareva Relief with other forms of orders preserving assets in Debt Recovery
Matters
Garnishee Proceedings
Charging order
Appointment of a Receiver
CHAPTER 3
EXECUTION OF MAREVA INJUNCTION
3.01 Execution of the Mareva Injunction
3.02 Notification of order of Mareva Injunction
3.03 Execution of Anton Piller Order
3.04 The guidelines in Universal Thermosensors Ltd v. Hibben {1992}1 WLR 840 at 861
3.05 Attendance by Police
The position in England
The position in Nigeria
CHAPTER 4
INJUNCTION AND ANTON PILLER ORDER
DISCHARGE AND VARIATION OF ORDERS FOR MAREVA
4.01 Discharge and variation of Ex-parte order for Mareva Injunction, Anton Piller order and interim attachment of property
4.02 Procedure for discharge or variation of Mareva Injunction
4.03 Defendant’s conduct on service of an Anton Piller order
4.04 Grounds for the discharge of Anton Piller and Mareva Injunctions
Discharge of mareva relief on settlement of the plaintiff’s Claim
Discharge of mareva injunction by provision of alternative security
Failure to give full and frank disclosure
Breach of Undertaking
Plaintiff’s non-compliance with the terms of the court Order
Delay by the plaintiff in the prosecution of his claim
4.05 Discharge by the court
4.06 Appeal
4.07 Expiry of Mareva Relief.
Relief on Ex-parte application.
Mareva Relief on motion-on notice.
Application for the extension of order for Mareva Injunction.
Extension of order of Mareva Injunction pending the hearing of an appeal.
CHAPTER 5
MAREVA INJUNCTIONS, ANTON PILLER ORDERS,
ATTACHMENT OF DEBTOR’S PROPERTY AND CONTEMPT OF COURT
5.01 Contempt of Court
5.02 Mareva Relief Defendant’s position
5.03 Anton Piller Relief Defendant Position
5.04 Mareva Injunctions and third parties
5.05 Anton Piller relief- third parties
5.06 Penalties for Contempt
5.07 Contemnor in breach of court order
5.08 Restoration of Funds
CHAPTER 6
ANCILLARY ORDERS MAREVA AND INTERIM INJUNCTIONS
6.01 Ancillary Orders- The practice in England
6.02 Order for Disclosure
6.03 Cross examination of the defendant about his Property
6.04 An order for the delivery up of defendant’s property
6.05 Orders against third parties leading to information to disclosure of defendant’s Properties 94
6.06 Orders for disclosure of information by third parties. in tracing actions
6.07 Information from a bank relating to an account at a branch abroad
6.08 Orders affecting the liberty of the defendant and restraining defendant from leaving the jurisdiction of the court
6.09 Injunction Restraining the Defendant from damaging his property
6.10 Worldwide Mareva Injunction
6.11 Enforcement of orders for Mareva Injunction, Anton Piller Order or interim attachment of property obtained in one state in another state in Nigeria
6.12 Enforcement of orders for Mareva Injunction, Anton Piller Order, and orders for attachment of defendant’s property of a State High Court, Federal High Court outside Nigeria
PRECEDENTS