Freezing injunctions—interpretation and practical implications
Published by a LexisPSL Dispute Resolution expert
Last updated on 27/04/2021

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

  • Freezing injunctions—interpretation and practical implications
  • How does the court approach the interpretation of freezing injunctions?
  • Consequences of breaching a freezing injunction
  • Declarations of breach instead of contempt proceedings
  • What exactly is frozen by a freezing injunction?
  • What is an ‘asset’?
  • When is an asset caught by the standard freezing order?
  • When is an asset caught by the Commercial Court order?
  • Disputed assets
  • What conduct is prohibited by a freezing injunction?
  • More...

Freezing injunctions—interpretation and practical implications

As discussed in Freezing injunctions—the draft order, the contents of a draft order for a freezing injunction should, in the first instance, follow the wording of the example found at CPR PD 25A, Annex A—Freezing injunction. It is therefore essential that you understand how the standard terms in freezing orders have been interpreted in practice so that you know the likely scope and limits of what can be achieved by adhering to that wording.

Equally, defendants or third parties being served with a freezing injunction will want to know precisely what they can and cannot do as a result of the order.

This Practice Note therefore examines the court’s approach to interpreting freezing injunctions, including how certain standard terms in freezing injunctions have been interpreted by the courts and the practical implications of freezing injunctions both for defendants and third parties affected by them.

In this Practice Note:

  1. ‘standard freezing order’ refers to CPR PD 25A, Annex A—Freezing Injunction

  2. ‘the Commercial Court order’ refers to the form of freezing injunction found at Commercial Court Guide, Appendix 11, and

  3. reference to ‘both standard orders’ or ‘the standard orders’ means both the standard freezing order and the Commercial Court order

For the avoidance of doubt, unless otherwise stated, the principles discussed in the following sections are equally applicable to both standard orders. For guidance on the differences

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