Freezing injunctions—breach
Freezing injunctions—breach

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

  • Freezing injunctions—breach
  • Freezing injunctions—types of breach
  • Breach—dealing with assets
  • Breach—failure to comply with ancillary orders
  • Breach—cross-undertakings
  • Breach—duty of full and frank disclosure
  • Breach—responding to a contempt application

Freezing injunctions—types of breach

There are a number of different ways in which a party (applicant, defendant/respondent or affected third party) might be in breach with respect to a freezing injunction. They can include the following:

  1. the respondent (or third party) may breach the terms of the freezing order by:

    1. dealing with assets which are subject to the freezing order, for example by dissipating them

    2. failing to comply with ancillary orders contained within the freezing order, for example failure to disclose all of their relevant assets in breach of an asset disclosure order, or travelling in breach of a travel restriction

  2. the applicant may:

    1. breach the terms of a freezing order by failing to comply with one or more of the cross-undertakings given by them on grant of the freezing injunction

    2. breach their duty of full and frank disclosure

For more guidance on freezing injunctions, see: Freezing injunctions (orders)—overview, as well as Practice Notes:

  1. Freezing injunctions—introduction

  2. Freezing injunctions—requirements

Breach—dealing with assets

Where the respondent (or a third party bound by the freezing injunction) breaches the terms of the freezing injunction (or undertaking not to deal with assets) by dealing with assets (ie without first obtaining an appropriate discharge or variation) they will be in contempt of court for breach of a court order or undertaking (as appropriate).

The applicant may