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Can you obtain a freezing injunction after judgment and is the process different to a pre-judgment application for one?

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Last updated on 12/12/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can you obtain a freezing injunction after judgment and is the process different to a pre-judgment application for one?

Can you obtain a freezing injunction after judgment and is the process different to a pre-judgment application for one?

The requirements for a freezing order are set out in Practice Note: Freezing injunctions—guiding principles, these are:

  1. the cause of action against the defendant must be in England and Wales

  2. the claimant must have a good arguable case against the defendant

  3. the existence of assets has to be demonstrated

  4. there must be a real risk that judgment will go unsatisfied if injunctive relief is refused

  5. it must be just and convenient to grant the injunction (this requirement has been described as the 'ultimate question' that the court must

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Key definition:
Requirements definition
What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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