Jurisdiction(s):
United Kingdom

Key definition

Full and frank disclosure definition

What does Full and frank disclosure mean? Full and frank disclosure describes the obligation on an applicant who seeks relief without notice (ex parte) to put before the court all material facts and relevant law, presented fairly, including points that are adverse to the application. It requires reasonable enquiries, explanation of any gaps in knowledge, and drawing the judge’s attention to potential defences, jurisdictional objections, delay, parallel proceedings and prior applications. This duty is not defined in statute; it is established by case law and court rules across England & Wales, Scotland, Northern Ireland and Ireland, and is applied consistently (though terminology and procedure vary,...

Without notice freezing injunctions: full and frank disclosure—duties, inquiries, material facts, fair presentation, breach, sanctions; CPR 25 reforms and model freezing order (from 6 April 2025), England and Wales

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Practice notes

This Practice Note considers the duty of Full and frank disclosure in without notice applications for freezing injunctions.

This Practice Note reviews the obligation of full and frank disclosure on without notice applications for freezing injunctions. For related guidance on that obligation in the broader context of without notice applications generally, see also the following Practice Notes:

Interim injunctions—without notice applications—Duty of full and frank disclosure
Cross-border service—full and frank disclosure

The duty to supply full and frank disclosure likewise extends to applications issued on short notice and will apply in that context as well. For further detail, including references to cases concerning freezing injunction applications, see Practice Note: Interim injunctions—on notice applications.

Note that the guidance in this Practice Note centres on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is progressing, additional provisions may apply—see further below in the main section: Court specific guidance.

6 April 2025 changes

The CPR provisions relating to interim injunctive relief, including Freezing orders, were amended with effect from 6 April 2025. In particular, CPR 25 was extensively revised and the example draft freezing order in Annex A to Practice Direction 25A was revoked...

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Web page updated on 22/05/2026

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