Freezing injunctions—the application
Freezing injunctions—the application

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

  • Freezing injunctions—the application
  • Making an application for a freezing injunction
  • Timing of an application and impact of delay
  • Which court deals with the application?
  • What written evidence is required?
  • When must papers be delivered to court?
  • What must be provided to the other parties?
  • Use of freezing injunctions after judgment (post-judgment freezing injunctions)
  • Fees and costs
  • Interlocutory applications—some 'universal guiding principles'
  • more

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.

Making an application for a freezing injunction

Generally, an application for a freezing order (or freezing injunction) will be made against a defendant in proposed or commenced/pending litigation proceedings. Nevertheless, it is possible to make an application for a freezing order against a third party in certain circumstances—see Practice Note: Freezing injunctions—introduction—the Chabra jurisdiction.

While there are some matters that specifically apply to freezing injunctions, the general principles for applying for an interim injunction also apply to freezing injunctions. In this regard, see Practice Notes:

  1. Interim injunctions—when to apply and on notice applications

  2. Interim injunctions—emergencies and without notice applications

This Practice Note should also be read with Practice Note: Freezing injunctions—drafting and other Practice Notes on freezing injunctions (see the ‘Related documents’).

Practical tip: when making an application for a freezing order, consider whether there is a requirement for a disclosure order as a consequence of the freezing injunction (JSC BTA Bank v Ablyazov). For more information on ancillary orders, see Practice Note: Freezing injunctions—ancillary orders.

Timing of an application and impact of delay

It is important to make an application as soon