The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:
A freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a party from disposing or dealing with assets.
Great care should be taken when dealing with an application to preserve assets. All ill-conceived, badly prepared application or one that does not carefully follow procedure may result in an adverse order for costs (including wasted costs), as emphasised by Mostyn J in UL v BK (Freezing Orders: Safeguards: Standard Examples).
Mostyn J also handed down a draft precedent freezing order for use in similar cases, which has now been issued in a revised form as part of the standard orders project. See Precedent: Standard order 3.1—freezing order—family proceedings.
To obtain a freezing order the applicant must show that:
they have a good arguable case
there is clear evidence of unjustified dealing with assets by the respondent, and
there is a real risk of injustice if relief is refused
See also Practice Note: Applications to restrain future dealing—MCA 1973, s 37 and Procedural guide—application for a freezing order—family proceedings.
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20 sets out the requirements for an application for a freezing order (injunction). In UL v BK, Mostyn J indicated that he did not consider that there was any real difference between the test applied on
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