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If Minnie wants to obtain the Mareva injunction, she must prove that the case has a serious question to be tried. The defendant truly has the property in the legal domain and the risk of the defendant transferring property to other domains really exists, causing that even if the plaintiff wins the lawsuit, the verdict is just a blank text that can not be executed.
In order to ensure the validity of Mareva injunctions, the court may make an incidental order making the following requirements: (1) disclose the assets; (2) disclose relevant documents; (3) respond to questions. These injunctions can help to determine the location, nature and location of the assets; clarify the legal ownership of the assets concerned; make the third party aware of the existence of the injunctions and prevent the third party from assisting the defendant to transfer or dispose the property willfully or negligently. The purpose of the disclosure is to determine the location of the defendant's assets. In exceptional cases, under Mareva injunction, Anton Piller order can help to assist the discovery of evidence.
E. Set out the flow of a civil trial and briefly explain each step. (5%)
The plaintiff’s case begins with the plaintiff's allegation to the judge (unless the burden of proof lies in the defendant).
The plaintiff's witnesses will be the first to testify and each witness may accept re-examination after the cross-examination.
After all witnesses of the plaintiff have provided evidence, the testification of the plaintiff is completed.
Then the defendant’s witnesses testify and accept the cross-examination and re-examination of the court on the relevant evidence.
After the testimony of the defendant’s witnesses, the parties shall make closing submissions orally or in writing.
The form depends on the judge and the complexity of the case. When the judgment has been made and declared, the registrar or relevant officials of the court will record the judge's decision and the orders related to litigation costs.
F. Explain Martin’s offer and the cost consequences thereof under relevant provisions of the RHC. Who would be liable for costs and from which point in time? (5%)
An important change in the reform of the civil justice system is the approval of the sanctioned offer.The new rules establish a formal settlement proposal system. The system allows the defendant and the plaintiff to make proposals for dispute settlement and not accept proposals. But in the later litigation, the party that fails to obtain a better judgment shall bear additional costs. Specifically, according to Order 22 rule 23 of the RHC, these additional costs may include: part of interests the plaintiff was supposed to have; the plaintiff may be required to pay the defendant’s some costs after the order have been accepted by parties; etc.
The system of sanctioned offer aims to encourage all parties to consider the possibility of reconciliation and avoid unnecessary delays in litigation.
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