Wilkins v Headrick [1996] JLR_Note 14a (23 August 1996)

Wilkins v Headrick [1996] JLR_Note 14a (23 August 1996)

The court held that the balance of convenience may justify permitting the defendant's legitimate expenses under a Mareva injunction.

Parties
Applicant: Wilkins; Respondent: Headrick
Jurisdiction
Jersey
Judgment Date
23 August 1996
Procedural Posture
Injunction / Interlocutory
Outcome
Mareva injunction granted with allowance for legitimate expenses
Legal Topics
Mareva Injunction, Balance of Convenience, Defendant's Legitimate Expenses
Civil Procedure Mareva Injunction Balance of Convenience Defendant's Legitimate Expenses

Case Brief

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Parties

Wilkins

Applicant

Headrick

Respondent

Procedural Posture

Injunction / Interlocutory

Legal Issues

  1. 1 Whether the Mareva injunction should allow for the defendant's legitimate expenses
  2. 2 How the balance of convenience affects the grant of a Mareva injunction

Ratio Decidendi

The court held that the balance of convenience may justify permitting the defendant's legitimate expenses under a Mareva injunction.

Court Disposition

Mareva injunction granted with allowance for legitimate expenses

Orders

  • Defendant permitted to pay legitimate expenses from restrained assets