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Imagine waking up to discover your bank account has been frozen by a court order for a debt that has absolutely nothing to do with you?
That was exactly what happened in the Fidelity Bank matter.
A claimant secured a Mareva injunction against Fidelity Bank through material non-disclosure, trying to enforce an arbitral award from a proceeding the bank was never a party to. The injunction was obtained through material non-disclosure, meaning critical facts were withheld from the court to secure the order.
Our team at OAL exposed the non-disclosure, dismantled the statutory compliance failures in the application, and argued the foundational legal principle: you cannot be bound by an arbitral award from a proceeding you were never party to. We also demonstrated that the attempt to enforce via Originating Summons, with pending appeals still live, was a textbook abuse of court process.
The Court agreed, discharged the Mareva injunction, and struck out the suit in its entirety for want of jurisdiction and abuse of process.
If your business is facing aggressive litigation, emergency injunctions, or financial claims designed to intimidate, we know just how to fight back.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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