Responding to without-notice pre-action freezing injunctions: compliance, opposition and return date strategy—practitioner checklist (England and Wales)
Published by a
LexisNexis Dispute Resolution expert
Checklists
This Checklist sets out a recommended approach for dealing with and responding to a freezing injunction. It serves as a starting point, highlighting the key issues you should consider when preparing your response. It is assumed that:
- the freezing injunction was made pre-action and without notice; and
- your client is the defendant in the underlying substantive claim
For further guidance on freezing injunctions generally, see the following Practice Notes:
- Freezing injunctions—guiding principles
- Freezing injunctions—the application
- Freezing injunctions—the draft order
Ensuring you have all the necessary documentation
The applicant should have provided, at the very least, the following documents:
- the application notice
- the affidavit(s) in support
- the sealed order
- a transcript of the hearing
- the skeleton argument (if one was used at the hearing)
If any of the above are missing, request them from the applicant’s solicitors as a matter of urgency. You will need all materials relied upon at the without notice hearing, together with the note of the hearing itself, in order to fully understand the case your client must meet at the return date hearing. For further guidance, see Practice Note: Freezing injunctions—the application...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 20/05/2026
Popular documents
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 ]...
Discover more from LexisNexis
