Freezing injunctions—varying and discharging
Freezing injunctions—varying and discharging

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

  • Freezing injunctions—varying and discharging
  • Variation of a freezing injunction
  • Discharge of a freezing injunction
  • Discharge of undertakings in lieu of an injunction
  • Costs recovery

The court has power to vary or discharge (or revoke) a freezing order (or freezing injunction) pursuant to CPR 3.1(7). Non-parties directly affected by a freezing order may also apply to have varied or discharged (CPR 40.9).

However, it should be noted that an application to discharge or vary a freezing order is not an application which permits the court to consider matters as if it were hearing the application for the freezing order afresh (see Chanel v FN Woolworth & Co Ltd and Kea Investments v Watson at paras [48]–[50], plus the related News Analysis: Using frozen assets to fund legal expenses—the approach in quasi-proprietary claims (Kea Investments Ltd v Watson)). This may also mean the court will refuse to entertain arguments at the variation/discharge stage which had not been raised either when the original injunction was granted (ie at a with notice hearing) or at the return date hearing (VB Football Assets v Blackpool Football Club).

It is established practice for applicants to use the standard form freezing order annexed to CPR PD 25A when drafting a freezing order for the court—see Practice Note: Freezing injunctions—drafting for more information. CPR PD 25A, Annex—Freezing Order, para 13 provides:

‘Anyone served with or notified of this order may apply to the court at any time to vary or discharge this order (or so much of