Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

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...

Freezing, worldwide and notification injunctions in England and Wales under SCA 1981 s 37: core tests, risk of dissipation and jurisdictional developments

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Practice notes

This Practice Note introduces freezing injunctions, explaining what they are and the different types that can be applied for. For guidance on making and responding to an application for a freezing injunction, see the following resources listed in this section:

Practice Note: Freezing injunctions—the application
Practice Note: Freezing injunctions—the draft order
Applying for a freezing injunction—checklist
Responding to a freezing injunction—checklist
Precedent: Affidavit in support of a freezing injunction
Precedent: Affidavit in opposition to the continuation of a freezing injunction granted without notice

For examples of judgments addressing these principles in more detail, see the following Practice Notes listed below:

Freezing injunctions—illustrative decisions
Freezing injunctions—key and illustrative decisions (2020–2024) [Archived]

What is a freezing injunction?

A freezing injunction (or freezing order) is an interim order restraining a respondent from taking assets out of the jurisdiction (ie England and Wales) and/or from dealing with assets wherever they are situated (CPR 25.1(1)(f)). Freezing injunctions were previously known as Mareva injunctions following Mareva Compania Naviera v International Bulkcarriers; The Mareva. As Longmore LJ stated in JSC BTA Bank v Solodchenko: ‘…[t]he purpose of the [freezing] injunction is to preserve a defendant's assets, subject to dealings in the ordinary course of business so that...

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