What does Freezing injunction mean? A freezing injunction stops a respondent from disposing of, dealing with or removing assets to prevent dissipation before trial or enforcement. It is interim relief, typically granted by the High Court, available as a domestic or worldwide freezing order (WFO), and can restrain dealings with assets inside or outside the jurisdiction. Developed by case law (often called a Mareva injunction), it does not confer security over assets. To obtain one, the applicant usually shows a good arguable case, a real risk of unjustified dissipation, assets within the court’s reach, and that relief is just and convenient. Where made without...
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This Practice Note offers guidance on interpreting and applying the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you should also be alert to any additional provisions—see further below.
This Practice Note addresses freezing injunctions against third parties, rather than defendants in the litigation, pursuant to the Chabra jurisdiction. The label derives from Mummery J’s decision in TSB International v Chabra. In that case, the court granted a freezing order over a third-party company where there was a good arguable case that assets appearing in the company’s name were in fact beneficially owned by Mr Chabra, and thus those assets, or at least some of them, might be available to satisfy the claimant’s claims against Mr Chabra if the claimant were successful at trial. As a result, the courts’ jurisdiction to grant a freezing injunction against a person to whom the claimant asserts no cause of action (a non-cause of action defendant, or NCAD) was established, provided the injunction can properly be characterised as ‘ancillary and incidental’ to a claim in respect of a defendant against whom the claimant...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...