n South African Law Journal - Evangeline's search : a critical analysis and comparison of Mareva injunctions, security arrests and Rule B attachments
|Article Title||Evangeline's search : a critical analysis and comparison of Mareva injunctions, security arrests and Rule B attachments|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Publication Date||Jan 2009|
|Pages||429 - 462|
This article compares three different remedies which are available to maritime claimants who seek to secure their claims, namely : the English Mareva injunction; the South African security arrest; and the American Rule B attachment. The author suggests that procedures such as these can be assessed with reference to the criteria of proximity, prejudice and protective safeguards. It is suggested that in order for all interested parties to be treated equitably, these criteria must be in equilibrium. The article makes the point that in respect of each of the remedies under discussion, there are low levels of proximity and high levels of prejudice. In these circumstances it is important that meaningful protective safeguards are present. It is argued that the Mareva injunction provides the most protection for affected parties and the Rule B attachment the least. It is submitted that while the security arrest procedure affords some safeguards, it could be improved by adopting certain elements of the Mareva injunction.
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