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Reference may also be made to Ryan v Friction Dynamics Ltd, The Times 14 June
2000, where Neuberger J sets out a list of 9 principles derived from various decided
cases.
As it is often necessary to make incidental orders, such as orders for disclosure
regarding the relevant assets, if a Mareva injunction is to be effective, provision
should be made to empower the court to make such orders to the same extent that they
can be made in relation to purely domestic cases.
Recommendation 49: The mode of commencing an application for a Mareva
injunction in aid of foreign proceedings or arbitrations, including possible initial
ex parte applications, should be prescribed and provision made for the
procedure thereafter to be followed.
Recommendation 50: The relevant provisions should state that such Mareva
injunctions are entirely in the court's discretion and that in the exercise of that
discretion, the court is to bear it in mind that its jurisdiction is only ancillary and
intended to assist the processes of the court or arbitral tribunal which has
primary jurisdiction.
Recommendation 51: Provision should be made empowering the court to
make such incidental orders as it considers necessary or desirable with a view to
ensuring the effectiveness of any Mareva injunction granted, to the same extent
that it is able to make such orders in relation to purely domestic Mareva
injunctions.
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