Penal notice 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...

Macpherson v Sunderland City Council [2025] EWCA Civ 1159 What are the practical implications of this case? Brazen non-compliance with an order carrying a penal notice, where the breaches are wilful and purposeful, can and does result in committal to prison for contempt of court. What was the background? The proceedings concerned ‘FP’, diagnosed with cerebral palsy and paranoid schizophrenia. The appellant was FP’s mother. In 2020, His Honour Judge Moir concluded that FP lacked capacity across several domains, a finding the appellant refused to accept. HHJ Moir’s judgment also made adverse findings: the appellant’s conduct towards care workers was ‘abusive and unpleasant’, and FP’s relationship with her was ‘enmeshed’ and ‘unhealthy’. He determined it was in FP’s best interests not to be cared for at home by the appellant; the appellant’s bid for permission to appeal was refused. The appellant’s behaviour did not alter. After a further contested hearing, on 30 June 2020, by an order endorsed with a penal notice, Mr Justice Poole: suspended...

Limits of court assistance under sections 43–44 Arbitration Act 1996 (VXJ v FY, RH & XL) Limits of court assistance under ss. 43–44 Arbitration Act (VXJ v FY, RH & XL [2025] EWHC 2394 (Comm)) What are the practical implications of this case? This ruling underscores that relief against non-parties under the Arbitration Act 1996, sections 43 and 44, is rare and closely policed by the courts. Tribunal leave, though a prerequisite, is not determinative; the court applies its own stringent criteria of necessity, specificity and proportionality. Advisers should warn clients that leave from a tribunal does not confer an automatic right to relief. Pinpoint drafting is critical: wide-ranging formulations such as ‘all reports since 2016’ will be refused as impermissibly broad. A witness summons must identify particular documents or tightly bounded categories, leaving no discretion to the non-party. This is especially crucial where coercive powers are sought and a penal notice is in play. The judgment also clarifies the...

This Practice Note examines when interference with a right of light becomes actionable, the remedies available (injunction or damages), and the route to injunctive relief, including the appropriate court, procedural steps, and required documentation... Is there an interference with the right to light? Where a right of light has been acquired (see Practice Note: Establishing and maintaining rights of light) and interference is alleged, you should consider: In what way is the defendant causing the interference? What level of obstruction to light is necessary before action can be taken? The following principles have been established: The interference must amount to a nuisance; simply interfering with light, or having less light than before, is insufficient. The test is whether the loss of light caused by the obstruction makes the building, to a sensible degree, less suitable than it was for business or occupation, judged by the ordinary notions of mankind. The level of light regarded as sufficient by...

ARCHIVED This Practice Note is archived. It was derived from a draft imaging order appended to Practice Direction 25A. That Practice Direction and its annexes were revoked with effect from 6 April 2025, and the draft imaging order was superseded by a model search and imaging order. For current guidance, see Practice Note: The model search and imaging order (from 6 April 2025). The commentary in this Practice Note concerns the construction and application of the relevant CPR provisions. Depending on the court in which your case is heard, additional requirements may apply—see further below. This Note also explains the development and purpose of imaging orders, and offers guidance on the specimen imaging order inserted into CPR PD 25A, Annex B from 6 April 2022 (described in this Note as the ‘standard imaging order’). Much of the approach to seeking search orders will be pertinent to an application for an imaging order and, accordingly, the following Practice Notes should also be consulted: Search and imaging orders—guiding...

What is a disclosure order? In broad terms, a disclosure order is a directive permitting a formal demand for information, and the recipient is under a duty to comply. Non-compliance is typically enforceable by penal sanctions, reflecting the seriousness of the obligation imposed. The making of such orders, specifically for investigations concerned with the proceeds of crime, is governed by section 357 of the Proceeds of Crime Act 2002 (POCA 2002). Under this section, the court may grant a disclosure order which, in turn, empowers an ‘appropriate officer’ to serve a written notice (an information notice) on any individual believed to hold material relevant to the inquiry, obliging that person to: either answer questions at a specified time or immediately, at a place identified in the notice supply the information set out in the notice, by the stated time and in the stated manner produce documents, or categories of documents, named in the notice, either at or by the specified time or forthwith, and...

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 ...

Claim No. [ insert claim number ]. IN THE HIGH COURT OF JUSTICE — [ BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES [ Specify division ] [ Specify specialist court ]; [ Insert location ] DISTRICT REGISTRY; THE COUNTY COURT AT [ insert location ]; [ BUSINESS AND PROPERTY COURTS LIST ]. Before [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge ] [ insert name ], dated: [ insert date ]. Between: [ insert name ] Claimant / Applicant and [ insert name ] Defendant / Respondent. [ Draft ] Order for Interim Injunction PENAL NOTICE 1 This Order either restrains you, [ insert name of defendant ], from certain conduct, or requires you, [ insert name of defendant ], to perform the steps identified below. Should you fail to obey this Order, you may be found in contempt of court and face a...