The subject-matter of equity

Anton Piller Orders

Mareva Injunctions

NEW REMEDIES

Task 2. Review the text.

In recent times the courts have used their equitable jurisdiction to develop new remedies:

In 1975 the Court of Appeal recognised the Mareva injunction for the first time. This is a court order freezing the assets of a party to an action or stopping that party moving the assets out of the country.

In Mareva v International Bulkcarriers [1975] 2 Lloyd's Rep 509, a shipowner let the 'Mareva' to a foreign charterer, with payment half monthly in advance. The charterer defaulted on a payment. The shipowner found out that the charterers had money in an English bank and sought an injunction freezing the account. It was held that an order would be granted to stop the charterers from moving the money abroad before the case was heard. Normally the application will be ex parte, which means that one party applies without giving notice to the other side for if the other party did have notice, they could move the assets.

In The Due Process of Law (1980) Lord Denning described the Mareva injunction as "The greatest piece of judicial law reform in my time".

In 1974 the High Court started to grant what later became known as Anton Piller orders. This is an order to a defendant to allow the plaintiff on to the defendant's premises to inspect, copy or remove documents or other objects relating to the plaintiff's property. The aim is to stop the defendant removing or destroying vital evidence. The defendant may refuse entry, but such action would be regarded as contempt of court, for which the defendant could be sent to prison. Once again it is an ex parte application. The use of such orders was confirmed in the following case.

In Anton Piller v Manufacturing Processes Ltd [1976] Ch 55, the plaintiffs made electrical equipment and employed the defendants as their agent in the UK. They suspected that he was selling their technical drawings to competitors and so applied for an order. The court held that an ex parte mandatory injunction would be granted, to the effect that the plaintiff could enter the defendant's premises and inspect relevant documents.

These orders have been used for breach of copyright, passing off and matrimonial disputes.

Task 3. Read & comprehend the text.

It may be helpful to the understanding of equity to list the subjects which should properly be included within it. No list can be exhaustive. However, the following matters are assigned to the Chancery Division by the Supreme Court Act 1981:

* The sale, exchange or partition of land, or the raising of charges on land;

* The redemption or foreclosure of mortgages;

* The execution of trusts;

* The administration of the estates of deceased persons;

* Bankruptcy;

* The dissolution of partnerships or the taking of partnership or other accounts;

* The rectification, setting aside or cancellation of deeds or other instruments in writing;

* Probate business, other than non-contentious or common form business;

* Patents, trade marks, registered designs or copyright;

* The appointment of a guardian of a minor's estate;

* All causes and matters involving the exercise of the High Court's jurisdiction under the enactments relating to companies.

Дата добавления: 2014-12-17