Freezing injunctions—worldwide, in support of foreign proceedings and arbitral awards
Freezing injunctions—worldwide, in support of foreign proceedings and arbitral awards

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

  • Freezing injunctions—worldwide, in support of foreign proceedings and arbitral awards
  • Worldwide freezing injunctions or orders (WFOs)
  • Standard form wording
  • Undertakings in WFOs
  • Freezing injunction in support of foreign court proceedings (CJJA 1982, s 25)
  • Freezing order relief to assist with the enforcement of foreign arbitral awards
  • Freezing injunctions in support of arbitration proceedings

Worldwide freezing injunctions or orders (WFOs)

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners when considering enforcement of worldwide freezing orders (WFOs) in the EU.

When seeking enforcement, compliance is required with the procedure in CPR 74. The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, which will come into force on exit day, set out changes to CPR 74 alongside transitional and savings provisions. For information about the changes and transitional and savings provisions, as well as any related practice direction changes made by the 107th practice direction update, see Practice Note: Brexit—CPR changes—Part 74—Enforcement of judgments in different jurisdictions.

For an insight into the implications of leaving the EU on the enforcement of judgments, which under Regulation EU 1215/2012, Brussels I (recast) includes protective orders such as WFOs, see Practice Notes: Brexit—enforcement of judgments and No deal Brexit—enforcement of judgments.

A freezing injunction (or freezing order) will normally extend to assets located within England and Wales only (ie a domestic freezing order). It is only in exceptional circumstances that a court will exercise its discretion to grant an injunction that prevents a defendant from moving and dealing with its assets in any jurisdiction