Proprietary asset preservation injunctions

6 April 2025 changes

The CPR provisions relevant to interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and the accompanying Practice Directions, together with the example draft orders included in Annex A and Annex B of Practice Direction 25A, were revoked. From 6 April 2025, new model orders entered into force, including a new model order for a freezing injunction (the ‘model freezing order’). However, the model freezing order is expressly noted as only appropriate for use where the applicant is seeking ‘a freezing injunction with related disclosure relief’. An alternative form of model order for proprietary and freezing injunctions (the ‘model proprietary and freezing order’) should be used ‘where both a proprietary injunction and a freezing injunction with related disclosure relief are being sought’ (see the ‘Important Note’ on the first page of the model orders).

The availability of the model proprietary and freezing order is a significant departure from the pre-6 April 2025 position. While the changes were not intended to materially alter substantive law or practice, the numbering and location of many of the provisions

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Dispute Resolution News

UKJT report explains control of digital assets under English law

LawTech UK has published a report, prepared by the UK Jurisdiction Taskforce (UKJT), explaining how the legal concept of control applies to digital assets under the law of England and Wales. The report, prepared following a request from the Lord Chancellor and building on the Law Commission’s 2023 work, focuses on third category digital assets and emphasises factual control—the ability to exclude others, permit access, and use a digital asset—as the key concept underpinning proprietary rights, rather than traditional notions of possession. The report highlights that control in blockchain systems operates differently from traditional systems due to the absence of a central operator and reliance on private keys, digital signatures, and protocol rules (‘code is law’). It outlines multiple forms of control and notes that control is a complex, fact-specific concept shaped by technology, governance and market practice. The report is intended as a practical guide for courts and legal practitioners, supporting the development of consistent legal analysis as digital asset technologies evolve.

Professional negligence and limitation—the roll of impecuniosity in constructive knowledge (Kay v Martineau Johnson)

Dispute Resolution analysis: The Court of Appeal considered the correct approaches to actual knowledge and constructive knowledge in the context of solicitors’ professional negligence. Of note was the consideration of whether impecuniosity was a relevant factor in considering reasonable steps and the taking of expert advice for the purposes of the date of knowledge. Written by James Davies, barrister and Mediator at New Square Chambers.

Dispute Resolution weekly highlights—19 March 2026

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the publication of the King’s Bench Guide 2026, the minutes of the Civil Procedure Rule Committee following their meeting on 6 February 2026 and the High Court decision in UAB Business Enterprise v Oneta Ltd (expert and factual evidence).

Lady Chief Justice highlights pressures and reform in 2026 press conference

The Courts and Tribunals Judiciary has published the transcript of its annual press conference held on 17 March 2026, inclusive of the speech delivered by the Lady Chief Justice, the Right Honourable the Baroness Carr of Walton-on-the-Hill, at that conference. She reflected on her first three years in post, acknowledging that courts and tribunals continued to face sustained pressure, heavy workloads and increasingly complex cases. The Lady Chief Justice highlighted ongoing change, including three reviews and forthcoming retirements of senior judicial leaders, and restated her priorities: recognising and promoting judicial strengths, building judicial unity and reducing backlogs while improving timeliness. She noted progress under the Courts and Victims Bill and welcomed the move to uncapped sitting days in the Crown Court. Looking ahead, she outlined continued modernisation efforts, including the development of a national listing framework and an AI-based listing tool and announced a new leadership team scheduled to take office in October 2026.

View Dispute Resolution by content type :

News