Admiralty Marshall

Your watchword under these circumstances has to be speed because the writ can only be removed on the order of the Admiralty Marshall and whatever you do to get the writ removed has to be done while the Marshall is contactable and he works normal office hours.  The procedure to obtain release is quite simple, in that the owner’s P & I Club will provide a guarantee to pay whatever is found to be legally due under the claim in question.  This will satisfy the plaintiff who is obliged then to instruct the Marshall to release the ship from arrest. In a more civilised situation, the claimant will tell you that he has the writ and threaten  the arrest unless the guarantee is forthcoming but you still have to move promptly to avoid the threat being turned into action. This is another legal device which you may encounter but rarely if your operation is reasonably efficient.  It gets its title from the name of one of the litigants – Mareva Compania Naviera SA – which was involved when the procedure was first invoked by Lord Denning in England in 1975.  In essence, the procedure stops the defendant in a legal dispute from moving his assets out of the court’s jurisdiction.  A situation where this might occur could be where the defendant is not a UK resident but has funds in this country.  The plaintiff may fear that while action is proceeding the defendant will transfer those funds to another country so that even if the plaintiff wins his case there will be no money to satisfy the judgement.  The way to avoid such an injunction paralysing the defendant’s operations is for an arrangement to be made to deposit sufficient funds in some form of joint account or to provide a bank guarantee or some such irrevocable undertaking. This enables the injunction to be lifted and the remainder of the defendant’s funds can be freed and he may let money come into the country without the risk of that too being frozen.