Freezing injunctions—drafting
Freezing injunctions—drafting

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

  • Freezing injunctions—drafting
  • Use of the standard form freezing injunction
  • The defendant’s obligation to disclose or provide information on assets
  • Resolving ambiguities and interpreting a freezing order
  • The applicant’s cross-undertakings
  • Sums not included in the injunction—living and legal expenses
  • Sums not included in the injunction—dealing with or disposing of assets in the ordinary and proper course of business
  • Sums not included in the injunction—post-judgment
  • The impact of freezing orders on banks and bank accounts
  • Ancillary orders
  • more

This Practice Note considers how to draft or prepare a freezing injunction (or freezing order) and should be read in conjunction with Practice Note: Freezing injunctions—the application.

Use of the standard form freezing injunction

When preparing your freezing order, always use the standard form freezing order (available as CPR PD 25A, Annex—Freezing Injunction), and only modify it where necessary to suit the circumstances of the case.

It is essential for an applicant to tell the judge about any proposed departures from the standard form freezing order (Greenwich Inc v Dowling). This practice applies to any application for a freezing injunction (Frenkel v Lyampert). As for how to present proposed departures from the standard form to the court, an applicant could adopt either of the following approaches (as tacitly approved by the court in Frenkel v Lyampert):

  1. submit the order with tracked changes to show how the standard form order has been modified in order to produce the order sought on the application, together with annotations explaining the reasons for the changes, or

  2. submit a schedule to counsel’s skeleton argument identifying each and every difference between the standard form order and the order sought, together with the reasons for the changes

In addition, a freezing order should always be drafted by counsel personally (Memory Corporation v Sidhu). If solicitors draft the order (which