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The Working Party accordingly considers that an amendment to the HCO along lines
provision of the HCO, before proceeding to amend O 11 r 1(1)(b) so as to bring free-
standing Mareva injunctions within its compass.
Recommendation 48: Section 21L or some other appropriate provision of the
HCO should be amended to give the Rules Committee clear authority to amend
O 11 with a view to making applications for free-standing Mareva injunctions
an eligible category for the grant of leave to effect service of process abroad,
followed by relevant amendments to O 11.
It would also be necessary to introduce amendments to the RHC :-
(a)
to prescribe the mode of commencing proceedings for Mareva injunctions in aid
of foreign proceedings, including possible initial ex parte applications, and to
provide for the procedural course which should thereafter be followed;
(b)
to provide that the grant, continuance, variation and discharge of such
injunctions should be in the court's discretion, possibly identifying certain non-
exhaustive principles to guide the court in the exercise of such discretion; and,
(c)
to identify the range of orders that may be made in support of the Mareva
injunction (such as disclosure and search orders).
In this context, the procedural rules and growing case-law relating to such orders made
in the context of section 25 of the 1982 Act may provide helpful precedents.
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