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Prof. David Capper Inaugural Lecture: Mareva at Fifty–Landmarks on the Journey and Future Trajectory

QUB School of Law

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Prof. David Capper Inaugural Lecture: Mareva at Fifty–Landmarks on the Journey and Future Trajectory

243 просмотра · 1 г. назад
QUB School of Law
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243 просмотра · 1 г. назад
On May 22, 2025, Queen’s University Belfast School of Law hosted Professor David Capper’s captivating Inaugural Lecture, “Mareva at Fifty,” celebrating the 50th anniversary of the groundbreaking Mareva injunction, pioneered by Lord Denning in 1975. This landmark legal tool, born from cases like Nippon Yusen Kaisha v Karageorgis and Mareva Compania Naviera SA v International Bulkcarriers, revolutionised asset preservation in civil litigation. Join us for an engaging exploration of the Mareva injunction’s essence, history, and future. Professor Capper breaks down: Act 1: The injunction’s nature as a prohibitory, interim order to prevent asset dissipation, its essential proofs (e.g., good arguable case, risk of dissipation), and its global export to common law jurisdictions (except the USA, per Grupo Mexicano [1999]). Act 2: Key judicial landmarks, from Siskina [1979] to Broad Idea [2021], showcasing how judges, not parliaments, shaped this remedy through cases like JSC BTA Bank v Ablyazov. Learn how legislative changes (Senior Courts Act 1981) and worldwide Mareva orders expanded its reach. Act 3: Modern consolidation—fair disclosure, proving dissipation (Les Ambassadeurs [2021]), and cautious future trajectories to avoid overreach. Discover the Chabra order’s role in targeting assets held by third parties. Perfect for law students, legal professionals, and curious minds, this lecture blends rigorous analysis with accessible storytelling. Reflect on questions like: How can courts balance flexibility and caution? When does asset use cross into dissipation? Engage with these ideas and share your thoughts in the comments!