What is one of the criteria for a Mareva Injunction?

A Mareva Injunction, also known as a freezing order, is a type of court order aimed at preventing a defendant from dissipating assets that may be required to satisfy a potential judgment in a civil case. One of the essential criteria for granting a Mareva Injunction is the presentation of evidence that establishes a prima facie case against the defendant. This means that the applicant must demonstrate that there is sufficient evidence to support the claim that they have a valid cause of action against the defendant, though the evidence does not need to be overwhelming at this stage.

This requirement is crucial because the court must be satisfied that there is a legitimate reason for imposing such an injunction, given that it restricts a defendant’s ability to access or deal with their assets. The prima facie case serves as the foundation for the court's assessment of whether it is justifiable to grant the Mareva Injunction, balancing the interests of the applicant against the rights of the defendant.

In contrast, immediate notification to all parties is generally not a requirement for the issuance of a Mareva Injunction, as such orders may often be granted ex parte, meaning the court can issue them without notifying the defendant in advance. Similarly, an agreement by both parties is not necessary, as it