Mercantile Group (Europe) Ag v Aiyela and Others: CA 4 Aug 1993

Interlocutory injunctions including Mareva procedures and orders are available to support the enforcement of a judgment. The purpose of such a jurisdiction is so that the court can ‘ensure the effective enforcement of its orders’. A court may still make an order for disclosure and an injunction after judgment has been entered.

Judges:

Sir Thomas Bingham MR

Citations:

Independent 12-Aug-1993, Times 04-Aug-1993, [1994] QB 366

Jurisdiction:

England and Wales

Citing:

Appeal fromThe Mercantile Group (Europe) AG v Victor Aiyela and Others ComC 18-Apr-1994
cw Contempt – Contempt of court by individual – arising from breach of order for disclosure of documents and undertakings . .

Cited by:

CitedSiskina (owners of Cargo lately on Board) v Distos Compania Naviera SA HL 1979
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed . .
CitedHM Revenue and Customs v Egleton and others ChD 19-Sep-2006
The claimants had applied for the winding up of a company for very substantial sums of VAT due to it. Anticipating that hearing, it now sought restraining orders against the director defendants, alleging that there had been a carousel or missing . .
CitedFranses v Al Assad and others ChD 26-Oct-2007
The claimant had obtained a freezing order over the proceeds of sale of a property held by solicitors. The claimant was liquidator of a company, and an allegation of wrongful trading had been made against the sole director and defendant. The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 October 2022; Ref: scu.83642