Defendant

Injunctions may be ‘interlocutory’ or ‘perpetual’ or, in other words, substantive. (The substantive relief is the main relief which the plaintiff is seeking for his claim). The perpetual/substantive injunction is one which is granted after the case has been tried. An interlocutory injunction is one which is granted, if the court is satisfied that there is a serious case to be tried, provisionally before the hearing of the action, to restrain the defendant’s activities and maintain the status quo until the case has been heard. It may be that an unscrupulous defendant will, upon becoming aware that he is to be sued by the plaintiff, remove any assets from the jurisdiction which he may have in order to defeat the eventual judgement which the plaintiff is likely to obtain. If the English courts have jurisdiction over the dispute, it is possible for the plaintiff to obtain an injunction against the defendant which prevents him from removing his assets from the jurisdiction. The purpose of this injunction, therefore, is to prevent the defendant from nullifying the effect of the judgement which the plaintiff is likely to obtain against him. This type of injunction is interlocutory and was originally known as a ‘Mareva Injunction’. It was so named because it was first granted in Mareva Compania Naviera S.A. v International Bulkcarriers S.A.; The Mareva (1975). It is now granted under Section 37 (3) of the Supreme Court Act 1981 (in other words, the Mareva injunction is an equitable remedy which has been recognised by Parliament and put into statutory form. This does not change the nature of its application which will still be under the provisions of equity).