Derby & Co. Ltd. & others v. Weldon & another - C.A. (May, Parker & Nicholls L.JJ.) - 29 July 1988

Mareva injunction extending over assets outside the jurisdiction - Principles and terms of the order considered

Claims were made against two former directors of one of the plaintiff companies, based upon breach of contract, negligence, breach of fiduciary duty, deceit and conspiracy to defraud. The sums involved exceeded £15 million. Applications were made for Mareva injunctions to extend to assets of the defendants world-wide, or, failing that, within the European Economic Community. The judge made findings that the defendants were capable of locking away assets in inaccessible foreign companies and that there was a high risk that they would do so. Nonetheless, he held that to grant the injunctions sought would be contrary to the established practice of the court and declined to extend Mareva type relief beyond the jurisdiction.