Devoir de Philosophie

Mareva et Anton piller

Publié le 14/11/2015

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These are two of the most significant civil remedies available in cases where there is wrongdoing that has caused financial losses. The Mareva Injunction, in Commonwealth jurisdictions, is a court order which freezes assets so that a defendant to an action cannot dissipate their assets from beyond the jurisdiction of a court so as to frustrate a judgment. It is widely recognised in other common law jurisdictions and such orders can be made to have world-wide effect. Named after the 1976 UK case of 'Anton Piller KG v. Manufacturing Processes', an Anton Piller order grants the right to search a suspect’s premises and seize evidence without prior notice. More precisely, it allows to : enter defendant’s offices inspect and remove items to which the plaintiff asserts a claim, mainly to prevent destruction of evidence.

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