Perczynski (nee La Rocque) v Perczynski [2001] JLR_Note 26 (22 May 2001)

Perczynski (nee La Rocque) v Perczynski [2001] JLR_Note 26 (22 May 2001)

The court held that a Mareva injunction can be varied to permit the fulfilment of a pre-existing contractual obligation, provided the obligation is bona fide and not intended to defeat the purpose of the injunction.

Parties
Applicant: Perczynski (nee La Rocque); Respondent: Perczynski
Jurisdiction
Jersey
Judgment Date
22 May 2001
Procedural Posture
Injunction / Variation Application
Outcome
Mareva injunction varied
Legal Topics
Mareva Injunction, Variation of Injunction, Pre Existing Contractual Obligation
Civil Procedure Mareva Injunction Variation of Injunction Pre Existing Contractual Obligation

Case Brief

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Parties

Perczynski (nee La Rocque)

Applicant

Perczynski

Respondent

Procedural Posture

Injunction / Variation Application

Legal Issues

  1. 1 Whether a Mareva injunction can be varied to allow fulfilment of a pre-existing contractual obligation

Ratio Decidendi

The court held that a Mareva injunction can be varied to permit the fulfilment of a pre-existing contractual obligation, provided the obligation is bona fide and not intended to defeat the purpose of the injunction.

Court Disposition

Mareva injunction varied

Orders

  • Variation of Mareva injunction granted to allow fulfilment of pre-existing contractual obligation