Freezing injunctions—guiding principles

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

  • Freezing injunctions—guiding principles
  • What is a freezing injunction?
  • Are there different types of freezing injunction?
  • What is the test for a domestic freezing injunction?
  • Cause of action in England and Wales
  • What is a ‘cause of action’ for the purposes of a freezing injunction?
  • When is a cause of action ‘accrued’?
  • A cause of action ‘in England and Wales’
  • Good arguable case
  • The appropriate test
  • More...

Freezing injunctions—guiding principles

This Practice Note introduces freezing injunctions, explaining what they are and the different types that can be applied for. For guidance on making and responding to an application for a freezing injunction, see:

  1. Practice Note: Freezing injunctions—the application

  2. Practice Note: Freezing injunctions—the draft order

  3. Checklist: Applying for a freezing injunction—checklist

  4. Checklist: Responding to a freezing injunction—checklist

  5. Precedent: Affidavit in support of a freezing injunction

  6. Precedent: Affidavit in opposition to the continuation of a freezing injunction granted without notice

What is a freezing injunction?

A freezing injunction (or freezing order) is a form of interim injunction which restrains the respondent from removing their assets from the jurisdiction (ie England and Wales) and/or from dealing with their assets wherever they are located (CPR 25.1(1)(f)). Freezing injunctions were formerly called Mareva injunctions after the case Mareva Compania Naviera SA v International Bulkcarriers SA; The Mareva.

As Longmore LJ stated in JSC BTA Bank v Solodchenko at para [52], ‘[t]he purpose of the [freezing] injunction is to preserve a defendant's assets, subject to dealings in the ordinary course of business so that, if and when a judgment is pronounced, the defendant still has assets to meet that judgment’.

Are there different types of freezing injunction?

There are a few different types of ‘freezing’ orders associated with the Mareva jurisdiction, which all share the aim of preventing the dissipation of assets by

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