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Mareva Injunction ('Freezing" Assets)

Mareva Injunctions, Anton Piller Order and Committal to Prison

Injunctions have to be applied for in the High Court. Injunctions are common in enforcing intellectual property rights such as copyrights, and trade marks infringements. In many cases, the Court requires the Plaintiff to undertake to the court that he will pay the Defendant's costs and damages if the case turns out that the Plaintiff did not have a good reason to apply or he eventually fail in the proceedings. Therefore, great care has to be taken when considering whether such kind of application should be made.

Injunctions may contained a "Penal Notice". A penal notice serves the purpose of warning the Defendant that he has to observe and comply with the order of injunction and that failure to do so can amount to contempt of the Court and possibly result in imprisonment.