Freezing injunctions—ancillary orders
Freezing injunctions—ancillary orders

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

  • Freezing injunctions—ancillary orders
  • What are ancillary orders?
  • Disclosure and requests for further information
  • Cross-examination of defendant on assets
  • Travel restrictions and passport orders
  • Electronic devices orders
  • Freezing injunctions—ancillary orders—breach

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 court’s considered means by which to keep the scales of justice for the parties even. If once it became known that the court was unable or unwilling to maintain the effectiveness of its orders, then it would lose all control over litigation of this kind, with terrible consequences for the administration of justice. Those wrongly accused of fraud would be relieved of a certain amount of inconvenience, but fraudsters would rejoice and hitch a free ride to interminable litigation on the back of ill-gotten gains.’

However, being ancillary in nature, these types of orders cannot be made on a standalone basis, ie if there is no