Firm News
Nov 28, 2023
Rush Ihas Hardwick LLP is proud to announce that Jeff Robinson was a featured speaker at the Continuing Legal Education Society of British Columbia (CLEBC) Commercial Litigation 2023 conference. Held on November 28, 2023, this biannual event brought together some of British Columbia’s most experienced and skilled commercial litigators, creating a platform for professional learning, sharing insights, and shaping the future of commercial litigation practice.
Jeff’s presentation focused on Mareva injunctions, a powerful and often decisive tool in the litigator’s arsenal. His discussion delved into the strategic application of Mareva injunctions, exploring how these extraordinary remedies can be used to secure assets and gain significant leverage in high-stakes litigation.
What is a Mareva Injunction?
A Mareva injunction, often referred to as a “freezing order,” is a court order that prevents a defendant from dissipating their assets before a judgment can be enforced. This tool is especially critical in cases where there is a genuine risk that assets may be moved, hidden, or otherwise made unavailable, rendering a judgment hollow.
The remedy is extraordinary because it can be obtained ex parte (without the other party’s presence) in urgent situations, providing plaintiffs with the element of surprise and ensuring that the assets in question remain within reach of the court.
Why Are Mareva Injunctions So Powerful?
Mareva injunctions offer several strategic advantages:
- Asset Preservation: By freezing assets early in litigation, plaintiffs can ensure that funds or property remain available to satisfy a judgment if their claim is successful.
- Leverage in Settlement Negotiations: The defendant’s inability to access their assets often creates significant pressure, incentivizing a more favorable settlement.
- Leveling the Playing Field: In disputes where a defendant’s resources could otherwise be used to delay or evade justice, Mareva injunctions restore balance and fairness.
These orders, however, are not granted lightly. They require strong evidence of a risk of asset dissipation and a robust case on the merits. Jeff’s presentation underscored the careful preparation and strategic foresight required to obtain and enforce these orders effectively.
The Importance of Commercial Litigation 2023
The CLEBC Commercial Litigation conference is recognized a leading forum for commercial litigation-focused professional development and networking in British Columbia. It provides attendees with a rare opportunity to learn from and collaborate with the leading minds in commercial litigation, ensuring that practitioners remain at the forefront of the evolving legal landscape.
Jeff Robinson’s role as a presenter highlights not only his expertise in commercial litigation but also Rush Ihas Hardwick LLP’s commitment to excellence and leadership in the field. His insights into Mareva injunctions equipped attendees with practical knowledge to tackle challenging and high-stakes cases.
Committed to Legal Excellence
At Rush Ihas Hardwick LLP, we pride ourselves on our deep understanding of complex commercial disputes and our ability to deploy innovative strategies for our clients. Jeff Robinson’s participation in Commercial Litigation 2023 exemplifies our dedication to thought leadership and our firm’s standing as a trusted authority in the legal community.
If you have questions about Mareva injunctions or need assistance with commercial litigation, we encourage you to contact Jeff Robinson or one of our skilled litigators. We are here to help you navigate the complexities of high-stakes litigation and protect your interests every step of the way.