Which element is NOT part of the test for a Mareva Injunction?

In the context of a Mareva Injunction, the essential elements that need to be established by the applicant include demonstrating a clear prima facie case against the defendant, the possibility of irreparable harm, and the likelihood that the defendant may abscond with assets or dissipate them to frustrate any potential judgment.

The correct answer identifies that the necessity of immediate full disclosure by the defendant is not a requirement for the granting of a Mareva Injunction. Unlike other types of relief or injunctions, a Mareva Injunction is primarily concerned with ensuring that the defendant does not move or hide assets that could potentially satisfy a future judgment. The focus is on the need for the applicant to prove specific risks and grounds for the injunction rather than requiring the defendant to disclose their circumstances at the outset.

This highlights the protective and preventive nature of the Mareva Injunction, which seeks to preserve the status quo and prevent the defendant from evading legal responsibilities, without imposing the burden of immediate disclosure on the defendant.