Freezing injunctions—requirements
Freezing injunctions—requirements

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

  • Freezing injunctions—requirements
  • What are the requirements for a freezing injunction?
  • Cause of action in England and Wales
  • Good arguable case
  • Existence of assets
  • Real risk of dissipation
  • Just and convenient
  • Full and frank disclosure

For information on what is a freezing order or freezing injunction, see Practice Note: Freezing injunctions—introduction.

What are the requirements for a freezing injunction?

It is important to be aware that the requirements for a freezing injunction are different to those for an ordinary interim injunction (see, for example, the court's comments in Allen v White Eagle Modern Building Solutions). For information on the guiding principles that apply in respect of ordinary interim injunctions, see Practice Note: Interim injunctions—guiding principles.

As an equitable remedy, whether or not a freezing injunction will be granted is at the court's discretion (section 37(1) of Senior Courts Act 1981 (SCA 1981)).

Compliance with a number of requirements is required to make a successful application for a freezing injunction. These are:

  1. the cause of action against the defendant must be in England and Wales

  2. the claimant must have a good arguable case against the defendant

  3. the existence of assets has to be demonstrated and there must be a real risk that judgment will go unsatisfied if injunctive relief is refused

  4. it must be just and convenient to grant the injunction (this requirement has been described as the 'ultimate question' that the court must ask—SCA 1981, s 37(1) and, eg, Candy v Holyoake)

If the above four specific requirements are not met the court will not grant the freezing