ABSTRACT
A worldwide Mareva injunction may be granted in support of substantive proceedings in another jurisdiction. From 1 April 1997 the courts possess the discretion, where ‘expedient’, to make such an order in respect of proceedings in any foreign jurisdiction under the amended version of s 25 of the Civil Jurisdiction and Judgments Act 1982. In Credit Suisse Fides Trust v Cuoghi45 the Court of Appeal reviewed its discretion under the unamended s 25.46 It concluded that exceptional circumstances did not need to exist before the courts could exercise their discretion. On the facts before it, the discretion was correctly used to order an extra-territorial Mareva injunction, even when the Swiss courts, who were to hear the substantive dispute, did not themselves possess the jurisdiction to grant such extra-territorial relief. But where the plaintiff chooses not to apply to the courts which will hear the substantive dispute for Mareva type relief against assets within the jurisdiction of those courts, the English courts have not been inclined to grant a worldwide Mareva.47
