Freezing injunctions—breach
Freezing injunctions—breach

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

  • Freezing injunctions—breach
  • Freezing injunctions—types of breach
  • Breach—dealing with assets
  • Dealing with assets in breach of a freezing injunction—has there been a breach?
  • Breach—failure to disclose or provide information on assets
  • Breach—failure to comply with ancillary orders
  • Breach—cross-undertakings
  • Breach—duty of full and frank disclosure
  • Responding to a contempt application

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. For guidance on the potential impact of the UK’s departure from the EU on applying for and enforcing freezing injunctions, see: Freezing injunctions and the impact of Brexit—checklist.

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 disclose or provide information on assets contrary to any terms in this regard (see CPR PD 25A, Annex—Freezing Order, paras 9–10)

    3. 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

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