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Freezing injunction definition

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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Freezing injunctions—fortification of cross-undertakings in damages: tests, evidence, causation and acceptable security (England and Wales)

Practice notes
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This Practice Note addresses the undertakings needed to secure a Freezing injunction. In particular, it highlights the cross‑undertaking in damages, often called the ‘price’ of securing a freezing injunction, and explores in detail fortification of that cross‑undertaking, explaining what fortification is and when it is needed, who can give fortification, recognised forms of fortification, and whether discharge from fortification is possible. This Practice Note offers guidance on construing and applying the relevant CPR provisions. Depending on the court where your claim is progressing, you may need to consider additional provisions—see further Court specific guidance below. It explains who may provide fortification and the forms the court will accept, and addresses the possibility of being released from any fortification given where appropriate only.

What is fortification and when is it required?

For the court to grant an interim Injunction, the applicant must give certain undertakings (also termed cross‑undertakings) in return. Such undertakings are solemn promises to the court about how the applicant will behave if an injunction is made in the terms sought. For detailed guidance on undertakings generally in interim injunctions, see Practice Note: Interim injunctions—undertakings. For guidance on the particular undertakings that will be included in an order for...

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Web page updated on 21/05/2026

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