Freezing injunctions—ancillary orders
Freezing injunctions—ancillary orders

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Freezing injunctions—ancillary orders
  • What are ancillary orders?
  • Disclosure and requests for further information
  • Disclosure of source of funds for legal expenses
  • Cross-examination of defendant on assets
  • Who pays costs of the cross-examination hearing?
  • Travel restrictions and passport orders
  • Electronic devices orders
  • Freezing injunctions—ancillary orders—breach

Brexit: The UK’s departure from the EU has significant implications for practitioners who wish to effect service of proceedings and other legal documents outside the jurisdiction. It also has an impact on the recognition and enforcement of judgments and orders in foreign jurisdictions. The court’s jurisdiction to grant injunctions, as well as its ability to effectively enforce them through committal proceedings, is dependent on proper service of defendants/respondents. If you are considering applying for or enforcing a freezing injunction against a defendant with links outside of the jurisdiction you should therefore be aware of the guidance set out in Practice Notes:

  1. Cross border considerations—checklist

  2. Brexit post implementation period—considerations for dispute resolution practitioners

What are ancillary orders?

Ancillary orders are made in support of a freezing injunction generally with a view to ensuring better enforcement and/or policing of the injunction (see, by way of example, JSC BTA Bank v Ablyazov, JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev and FM Capital Partners v Marino). As stated by Rix J in the Court of Appeal (JSC BTA Bank v Ablyazov at para [188]):

‘The authorities demonstrate that it is vital for the court, in the interests of justice, to have effective powers, and effective sanctions. Without these, it would be possible for a defendant (or, in a different situation, a claimant) to flout the orders of the court, which are the

Popular documents