Freezing injunctions in support of foreign proceedings
Freezing injunctions in support of foreign proceedings

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

  • Freezing injunctions in support of foreign proceedings
  • The power to grant relief under CJJA 1982, s 25
  • Does the power extend to granting a worldwide freezing order (WFO)?
  • Does the power extend to disclosure orders ancillary to the freezing injunction?
  • When will the court exercise that power?
  • Civil proceedings brought outside England and Wales
  • A good arguable case and real risk of dissipation
  • When is it ‘inexpedient’ to grant a freezing injunction?
  • Practical considerations for applications under CJJA 1982, s 25
  • Practical considerations for applicants
  • More...

Freezing injunctions in support of foreign proceedings

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below in the main section titled Court specific guidance.

This Practice Note discusses freezing injunctions in support of foreign proceedings pursuant to section 25 of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). For guidance on applying for a freezing injunction and the applicable principles, see the following Practice Notes:

  1. Freezing injunctions—guiding principles

  2. Freezing injunctions—post-judgment

  3. Freezing injunctions against third parties—the Chabra jurisdiction

  4. Freezing injunctions—the application

  5. Freezing injunctions—the draft order

The power to grant relief under CJJA 1982, s 25

CJJA 1982, s 25 gives the courts of England and Wales the power to grant interim remedies that are available in domestic proceedings in support of certain foreign proceedings.

CJJA 1982, s 25(1) provides that the power to grant interim relief only applies in support of proceedings commenced or about to be commenced in particular states subscribing to certain international conventions and which are proceedings within the scope of those conventions. However, para 2 of the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997, SI 1997/302 effectively removes those restrictions, and extends the power to include proceedings commenced ‘otherwise’ than in states

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