Jurisdiction(s):
United Kingdom

Key definition

Freezing order definition

What does Freezing order mean? In pensions practice, a freezing order is a temporary direction by The pensions regulator (TPR) that puts a defined benefit occupational pension scheme on hold while TPR considers whether to wind it up. It is a statutory power under the Pensions Act 2004. TPR must be satisfied that the order is necessary for member protection and that there is an immediate risk to members’ interests or to the scheme’s assets. A freezing order takes effect immediately and preserves the status quo: benefit accrual stops; the scheme cannot be wound up except by order of TPR; and trustees and employers...

Freezing injunctions (Mareva) in employee competition claims: criteria, without notice applications, ancillary disclosure and standard form orders (England and Wales)

Published by a LexisNexis Employment expert

Practice notes

Freezing orders

Freezing orders were once referred to as Mareva injunctions, taking their name from the claimant in one of the earliest decisions to grant such relief. A freezing order is a type of injunction restraining a Defendant from moving assets out of the jurisdiction (ie England and Wales) and/or from dealing with assets, whether located domestically or, in appropriate cases, abroad. The rationale for granting a Freezing injunction is to preserve the defendant’s property so that, should the claimant secure judgment against the defendant, those assets remain available to satisfy any award of Damages and costs. A freezing order may therefore be suitable where there is reliable evidence that a defendant intends to dissipate assets to frustrate a claim for damages against him. In an employee competition context, such relief is unlikely to be pursued unless one or more defendants are accused of fraud—the order is aimed solely at preventing dissipation of assets before judgment. It does not, however, elevate the employer to the status of a preferred creditor. Its function is protective, not proprietary, and it safeguards assets solely pending judgment and enforcement against the defendant. Where the...

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Web page updated on 21/05/2026

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