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Abstract

[extract] ‘[S]peed is of the essence’ of the Mareva order, and of the Anton Piller order. So, in an application for either of those orders ‘[e]x parte is of the essence’. ‘If there is a delay, or if advance warning is given, the assets may well be removed before the injunction can bite.’ Lord Denning had claimed that both of those orders were ‘equally beneficial’. However, he added with insight (not to mention foresight) that the benefits conferred by those orders would continue only for ‘so long as the judges exercise[d] a wise discretion so as to see that [those] procedure[s] [were] not abused’.

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