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Last updateTue, 24 Feb 2015 5pm

FREEZING ORDERS: Coming in from the cold

04 December 2015  

Gwendoline Davies and Andrew Beck review recent cases on freezing orders and provide some practical advice

A freezing order is an interim injunction which restrains a defendant or potential defendant from disposing of or dissipating assets. A freezing order is typically obtained by a claimant or potential claimant who wishes to ensure that a (potential) defendant’s assets remain available pending the enforcement of a court judgment. These orders are also known as Mareva injunctions, following Mareva Compania Naviera SA v International Bulkcarriers SA [1980], in which case such an order was first granted. The courts’ jurisdiction to grant a freezing injunction derives from s37 of the Senior Courts Act 1981 and Civil Procedure Rule (CPR) 25 and Practice Direction (PD) 25A.

Additional Info

  • Case(s) Referenced:

    JSC BTA Bank v Ablyazov [2015] UKSC 64

    Mareva Compania Naviera SA v International Bulkcarriers SA [1980] 1 All ER 213

    Metropolitan Housing Trust Ltd v Taylor & anor [2015] EWHC 2897 (Ch)

    Michael Wilson & Partners, Ltd v Emmott [2015] EWCA Civ 1028

    Ninemia Maritime Corporation v Trave Schiffahrtsgesellschaft mbH & Co [1984] 1 All ER 398