Applying for a Mareva injunction to freeze your debtor’s assets in the Bahamas

Applying for a Mareva injunction to freeze your debtor’s assets in the Bahamas

Do you suspect there a risk your debtor will disperse his assets to frustrate a future judgment in your favour and prevent settling his debt? If the answer is ‘Yes’, you need urgent legal advice so that an application for a temporary injunction freezing those assets (a Mareva injunction) can be made to the court.  The experienced commercial litigation lawyers at Parris Whittaker are experienced in successfully applying for Mareva Injunctions on behalf of our clients.

Do you suspect there a risk your debtor will disperse his assets to frustrate a future judgment in your favour and prevent settling his debt? If the answer is ‘Yes’, you need urgent legal advice so that an application for a temporary injunction freezing those assets (a Mareva injunction) can be made to the court.  The experienced commercial litigation lawyers at Parris Whittaker are experienced in successfully applying for Mareva Injunctions on behalf of our clients.

The courts in The Bahamas may grant a Mareva injunction under s21(1) Supreme Court Act 1996 where it appears to the court to be just and convenient to do so.  The aim of a Mareva injunction is to prevent the party subject to the injunction from removing specified assets within the jurisdiction for the purpose of defeating a claimant’s lawful claim.

However, the applicant may only apply for a Mareva injunction where the assets are the subject of a matter and it can be demonstrated that not freezing those assets could mean the assets are dispersed thereby frustrating a potential claim.  Thus, the fundamental purpose of a court granting a Mareva injunction is to protect your legitimate claim by preventing asset removal by a potential defendant – your debtor.

Our commercial dispute resolution lawyers take strategic and aggressive action on behalf of our clients to protect their assets.  To enable us to act promptly on your behalf, you must be able to establish a good arguable case against the defendant. 

In addition, you must satisfy the court that:

  • You have made full and frank disclosure of all matters within your knowledge that are material for the judge to know
  • You have given particulars to the defendant stating the grounds and amount of your claim; and fairly stated your case against the defendant
  • You must have adequate grounds both for believing the defendant has assets in the Bahamas; and there is a risk of removal of those assets to frustrate your claim

This means, effectively, that you must have filed an action in order to apply for a freezing order against the defendant.  Our expert lawyers will do this promptly on your behalf.  We will also advise you on the full effects and the limitations of a Mareva injunction.

We can provide immediate assistance to protect your claim. Contact the experienced commercial dispute resolution lawyers at Parris Whittaker for expert advice and prompt action.