Freezing injunction meaning

Introduction to freezing injunctions and scope of this checklist A freezing injunction (also known as a freezing order) is a temporary court order that prevents a respondent from disposing of or transferring its assets out of the relevant jurisdiction—namely England and Wales—or, in the case of a worldwide freezing order (WFO), from moving them anywhere in the world. The court’s principal aim in granting such relief is to preserve the respondent’s assets so that, if the applicant later obtains judgment against the respondent, there will be assets available for recovery by the applicant and, if necessary, enforcement action. This Checklist explains how to make an application for a freezing injunction where claims are contemplated or already underway in a corporate or personal insolvency context. As the precise circumstances of each matter must be assessed, this Checklist does not claim to be exhaustive; rather, it provides an overview of the key considerations at each stage when seeking an order of this kind. The focus throughout is asset preservation pending determination...

Seeking a freezing injunction is rarely straightforward. Significant procedural and substantive obstacles must be addressed and overcome before a court will restrict a respondent’s ability to handle their own assets. The need to move at speed and obtain urgent relief to avert imminent asset dissipation frequently adds further complexity and pressure, requiring swift, decisive action. The Checklist below acts as a starting point, flagging the principal issues to consider when preparing and making the application. It is tailored to a without notice application for a domestic or worldwide freezing injunction against a proposed defendant. For fuller, general guidance on applying for a freezing injunction, see the following Practice Notes: Freezing injunctions—guiding principles Freezing injunctions—the application Pre-application considerations Before issuing any application for a freezing injunction, ensure the client fully grasps and is properly prepared for the scale and intensity of the undertaking, and that careful thought has been given to the suitability of seeking this relief in the first place. ...

This Checklist sets out a recommended approach for dealing with and responding to a freezing injunction. It serves as a starting point, highlighting the key issues you should consider when preparing your response. It is assumed that: the freezing injunction was made pre-action and without notice; and your client is the defendant in the underlying substantive claim For further guidance on freezing injunctions generally, see the following Practice Notes: Freezing injunctions—guiding principles Freezing injunctions—the application Freezing injunctions—the draft order Ensuring you have all the necessary documentation The applicant should have provided, at the very least, the following documents: the application notice the affidavit(s) in support the sealed order a transcript of the hearing the skeleton argument (if one was used at the hearing) If any of the above are missing, request them from the applicant’s solicitors as a matter of urgency. You will need...

Lakatamia Shipping Company Ltd v Su and others [2024] EWHC 1749 (Comm) What are the practical implications of this case? This ruling ranges across important matters of procedure as well as economic torts and freezing injunctions. It emphasises the bar on deploying, as evidence, judgments from proceedings to which the defendants were not parties, and warns against placing excessive reliance on interim judgments. It also illustrates the breadth of defences that should be evaluated at trial, even where substantial defences have not been pleaded by those defendants. The court analyses the relatively new Marextort, concerning conduct said to thwart enforcement of court judgments. Finally, it distils the principles relevant to allegations of unlawful means conspiracy in the setting of attempts to breach a freezing injunction. It further underscores the continuing difficulties that claimants may encounter when suing unrepresented and disengaged defendants who nonetheless press on to trial. What was the background? In late 2014 and early 2015, the claimant (‘Lakatamia’) secured judgment against Mr Su for...

In this issue Key DR developments Claims and remedies Cross-border disputes Injunctions Litigation Evidence and disclosure New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance HM Courts & Tribunals Service (HMCTS) has released refreshed guidance for the Intellectual Property Enterprise Court (IPEC) small claims track. It outlines how to pursue IP claims of £10,000 or less and sets out the applicable criteria and procedure. Updated sections cover pre-action requirements, service of documents, engagement of experts, assembling evidence and bundles, and attendance at hearings or appeals. For further detail, see: LNB News 13/08/2025 13—HMCTS publishes updated guidance on IPEC small claims track procedures. Online money claims HMCTS has revised the ‘Payment by Account for online services’ guidance, updating the contact details in the ‘Get help’ section relating to the Payment by Account facility for online court fees. For further detail, see: HMCTS Payment by...

In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Evidence and disclosure ADR New content Dates for your diary Useful information Collaborate and network with a community of expert lawyers Daily and weekly news alerts Key DR developments Announcements and blogs HM Courts and Tribunals Service updates EX50A: HM Courts and Tribunals Service (HMCTS) has revised the ‘full list of fees applicable in the Civil and Family Courts (from 1 May 2023)’ (EX50A) to add fee codes—see: LNB News 26/01/2024 34—HMCTS updates fees applicable in the Civil and Family Courts to include fee codes. HMCTS blog on the future of remove hearings: HMCTS has issued a blog titled ‘Looking at the future of remote hearings’, covering the Video Hearings Service (VHS) and how this has altered preparation for hearings. HMCTS underlines VHS advantages, including secure, private meeting rooms for judicial office holders to...

This Practice Note introduces freezing injunctions, explaining what they are and the different types that can be applied for. For guidance on making and responding to an application for a freezing injunction, see the following resources listed in this section: Practice Note: Freezing injunctions—the application Practice Note: Freezing injunctions—the draft order Applying for a freezing injunction—checklist Responding to a freezing injunction—checklist Precedent: Affidavit in support of a freezing injunction Precedent: Affidavit in opposition to the continuation of a freezing injunction granted without notice For examples of judgments addressing these principles in more detail, see the following Practice Notes listed below: Freezing injunctions—illustrative decisions Freezing injunctions—key and illustrative decisions (2020–2024) [Archived] What is a freezing injunction? A freezing injunction (or freezing order) is an interim order restraining a respondent from taking assets out of the jurisdiction (ie England and Wales) and/or from dealing with assets wherever they are situated (CPR 25.1(1)(f)). Freezing...

Asset disclosure orders in support of a freezing injunction This Practice Note offers guidance on asset disclosure orders made in aid of a freezing injunction (also called a Mareva injunction or freezing order). It sets out when the court may grant asset disclosure or further disclosure, the ambit of such orders, and briefly addresses confidentiality and the privilege against self-incrimination. It also covers orders concerning the source of legal funding and the cross-examination of a respondent about their assets. The Note explains how the relevant CPR provisions should be interpreted and applied. Depending on the forum hearing your case, you should also be alert to any additional requirements—see the main section titled Court specific guidance below. For broader background on freezing injunction applications and the governing principles, see Practice Notes: Freezing injunctions—guiding principles Freezing injunctions—post-judgment Freezing injunctions against third parties—the Chabra jurisdiction Freezing injunctions—the application Freezing injunctions—the draft order For guidance on other forms of relief commonly sought alongside...

ARCHIVED : This archived Practice Note summarises a number of key and/or illustrative cases relevant to freezing injunction applications, with particular focus on the period 1 January 2020 to 31 December 2024. It is not maintained and is for background information only. For illustrative decisions from 1 January 2025 onwards, see Practice Note: Freezing injunctions—illustrative decisions (2025). For general guidance and links to detailed content concerning freezing injunctions, see: Freezing injunctions—overview. Case details and analysis Court of Appeal Isabel dos Santos v Unitel S.A. [2024] EWCA Civ 1109 News Analysis: Good arguable case—no longer arguable in freezing order cases? (Isabel dos Santos v Unitel) Judgment date: 30 September 2024 The Court of Appeal’s ruling in these proceedings addressed two central points relevant to applications for freezing injunctions. First, the Court of Appeal appeared to close the long‑running debate about what amounts to a ‘good arguable case’ for the purposes of such relief, confirming that the standard remains that articulated in...

IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, KINGS’S BENCH DIVISION, COMMERCIAL COURT before [ The Honourable Mr Justice OR The Honourable Mrs Justice ] [ insert name of judge ] (in private session) Claim No. [ insert claim number ] between: [ insert name(s) ] as Claimant(s)/Applicant(s) and [ insert name(s) ] as Defendant(s)/Respondent(s) [ The Claimant(s) and Defendant(s) in an Intended Action ] DRAFT FREEZING ORDER PENAL NOTICE If you, [ insert name of respondent(s) ], do not comply with this order, you risk being found in contempt of court and could face imprisonment, a fine, or confiscation of assets. Anyone else with knowledge of this order who assists or allows the Respondent to contravene it may likewise be found in contempt and be imprisoned, fined, or have their assets taken. 1 THIS ORDER 1.1 By order of Mrs/Mr Justice [ ] on [ ], this Freezing Injunction is granted against [ ] (‘the...

IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES KING’S BENCH DIVISION COMMERCIAL COURT Before [ The Honourable Mr Justice OR The Honourable Mrs Justice ] [ insert name of judge ] (heard in private) Claim No. [ insert claim number ] Between: [ insert name(s) ] Claimant(s)/Applicant(s) and [ insert name(s) ] Claimant(s)/Respondent(s) [ The Claimant(s) and Defendant(s) in an Intended Action ] _______________________________________ DRAFT FREEZING ORDER _______________________________________ PENAL NOTICE If you [ insert name of respondent(s) ] fail to comply with this order, you could be found in contempt of court and risk imprisonment, a fine, or confiscation of assets. Any person who is aware of this order and does anything to assist or allow the Respondent to contravene it may likewise be found in contempt of court and could be imprisoned, fined, or have their assets taken by the court as a sanction. 1 THIS ORDER ...

At the Family Court held at [ Court name ] Case No: [ Case number ] [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 OR The Senior Courts Act 1981 OR Children Act 1989, Schedule 1 ] The [ Marriage OR Civil partnership OR Relationship ] of [ applicant name ] and [ respondent name ] After hearing from [ name the advocate(s) who appeared ] Having reviewed the statements and heard the witnesses set out in the recitals below A freezing order was made by [ name of judge ] on [ date ], sitting in private To [ RESPONDENT NAME ] of [ RESPONDENT ADDRESS ] Warning: if you, [ RESPONDENT NAME ], fail to obey this order you may be found in contempt of court and could be imprisoned, fined, or have your assets seized Any...