Preservation 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...

This timetable sets out the key procedural steps for disclosure under the Disclosure Scheme operating in the Business and Property Courts It outlines the required process, spanning document preservation duties, Initial Disclosure, completion of the Disclosure Review Document (DRD), Extended Disclosure, and the actions to be taken at and following the case management conference (CMC). Document preservation obligations Initial Disclosure Disclosure Review Document (DRD) Extended Disclosure Steps at and after the CMC For these purposes, it is assumed the parties are legally represented. Note: this timetable does not cover disclosure under CPR 31. For additional guidance on CPR 31 disclosure, see: Disclosure-overview. The Disclosure Scheme is mandatory for most claims in the Business and Property Courts under CPR PD 57AD (in force from 1 October 2022). To assess whether the Scheme applies to a particular claim, see: Which disclosure rules apply to my claim-flowchart? and the Practice Notes: Disclosure Scheme-definitions, principles and duties; Disclosure Scheme-when and where it...

STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, now replaces and supersedes: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether heard at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...

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Segulah Medical Acceleration AB v Tripathi [2025] EWHC 632 (Ch) What are the practical implications of this case? This ruling will interest practitioners advising on applications for a WFO, especially where a proprietary strand is present and cross‑border issues arise. The emphasis is on the baseline obligations placed on a WFO applicant. The court analysed the reach of the applicants’ non‑enforcement undertaking, limiting enforcement to England and Wales (the NEU); the degree to which the order could attach to assets held through a corporate vehicle; and how a cap on the injuncted sum functions when there is a mixture of cash reserves and real property within the jurisdiction exceeding the injunction limit. In relation to the NEU, the court had to determine whether a broad or narrow reading was appropriate where the applicants had taken injunctive steps in other jurisdictions to preserve the defendants’ assets. The judgment thus provides guidance on whether asset‑preservation proceedings in other jurisdictions amount to enforcement contrary to the NEU, on the WFO’s potential...

Original news Mrs H (CAS-65551-M8D0)—22 August 2024 Summary The Pensions Ombudsman has dismissed a complaint regarding a discretionary pension established by statute. The scheme’s provisions were outdated and offered no benefit to deferred members. To be entitled to a pension, an individual had to leave the Salvation Army’s service and make a claim—something the complainant had not done. The preservation legislation did not apply because no employer-provided resources existed (Salvation Army workers are viewed not as employees but as officers of religion). The Ombudsman’s decision serves as a reminder that the rules of a pension scheme determine a person’s eligibility for benefits. What were the facts? Mrs H was a commissioned officer for the Salvation Army (SA)...

Interim remedies in support of arbitration—the legislative regime Arbitration in New Zealand is regulated by the Arbitration Act 1996 (the Act). The principal body of the Act sets out general provisions and rules applicable. Schedule 1 contains an adapted form of the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law), and Schedule 2 sets out special rules that generally apply only to domestic arbitrations. In 2007, New Zealand was the first country in the world to implement amendments to the original Model Law put forward by the UNCITRAL 2000 working group, delivering a more comprehensive code for interim measures in support of arbitration. This New Zealand regime is located, in particular, in articles 9 and 17–17M of Schedule 1 to the Act: article 9 of the Act provides for court-ordered interim measures in support of arbitration; and articles 17–17M of the Act concern the making of interim measures orders by arbitral tribunals Provision for awards and orders...

Client guides Client guides comprise template letters covering a broad spectrum of family law matters, suitable for sending directly by the family practitioner to the client. Each guide also features drafting commentary for practitioners and hyperlinks to relevant connected materials, such as Practice Notes, forms, authorities, precedents and legislation. For procedural guides offering step-by-step direction on, inter alia, domestic abuse, asset preservation, relationship breakdown, cohabitants, private children, financial provision, international cases and enforcement, refer to Practice Note: Family procedural guides...

This Practice Note offers an overview of trusts in the British Virgin Islands (BVI). For broader BVI background, see Practice Note: Private Client—British Virgin Islands—Q&A guide. The principal legislation is the Trustee Ordinance (Cap 303, Law of BVI), as amended (TO), and the Virgin Islands Special Trusts Act 2003, as amended (VISTA Law). The texts are available via the further reading links to Spitz & Clarke Offshore Service in the related documents pod and on the BVI FSC—Legislation web page. Types of trusts The most frequently used BVI trusts include: discretionary trusts VISTA trusts life interest trusts fixed interest trusts Discretionary trusts A discretionary trust typically affords maximum flexibility and is the most commonly adopted and, in many cases, the most effective arrangement for both settlor and beneficiaries. Trustees are granted wide discretion regarding when distributions are made, in what amounts, and to which beneficiaries, from both income and capital. This structure is particularly valuable where, at establishment,...

Strictly Private & Confidential Do not distribute beyond [ insert organisation's name ] [ group ] From: [ Head of Legal ] To: [ recipients ] Subject: Retention of documents and data To address any prospective information requests from [ regulators including the SFO, FCA or any other agency ], [ insert organisation's name ], together with any of its [ parent corporations, subsidiaries (‘[ insert organisation's name ] Group’) ] affiliates, predecessors, successors, general partners, limited partners, officers, directors, or employees, may need to supply specified documents and records concerning [ Project X ]. Therefore, until you receive further instruction, please refrain from amending, deleting,...

To: [ All staff in [ insert ] office ] From: Response Team Leader RE: Regulatory investigation—prompt attention required Privileged and confidential Dear All Investigators from [ insert ] [ are OR will be ] arriving on site beginning today to commence an investigation. [ Insert organisation name ] treats its legal duties seriously and will co-operate with the investigators, addressing their requests in line with [ our [ Dawn raid action plan ] ]. A ‘dawn raid’ is when representatives of a regulator attend our premises without prior notice to gather evidence for an investigation. Refusing to co-operate with the investigation, or impeding the investigators, will put [ insert organisation’s name ] and individuals at risk of sanctions. Further information is contained in our [ Dawn raid action plan ]...

This template memorandum should be read and, if suitable, sent together with the relevant template letter to your client regarding disclosure: Draft letter to client about disclosure—small claims track Draft letter to client about disclosure Confidential and privileged [ insert date ] [ insert addressees: [ insert addressees: senior managers/relevant employees and former employees/IT managers ] ] [ [ insert case heading ] OR [ description of the case if pre-action ] ] [ [ We ] OR [ the company ] ] may encounter a legal dispute in relation to [ insert matter/transaction subject of dispute ]. If the dispute is not brought to a conclusion, it is probable that we will be required to disclose relevant documents, including electronic records, that are or have been within [ [ our ] OR [ the company’s ] ] control, whether or not they support our case. That said, some relevant documents are protected from inspection (that is, actually seen)...