Freezing Injunction in UK Law

Leading Cases
  • Nicholas Anthony Christopher Candy and Others (Appellants /Defendants) v Mark Alan Holyoake and Another (Respondents / Claimants)
    • Court of Appeal (Civil Division)
    • 28 February 2017

    There must be a real risk, judged objectively, that a future judgment would not be met because of unjustifiable dissipation of assets. Solid evidence will be required to support a conclusion that relief is justified, although precisely what this entails in any given case will necessarily vary according to the individual circumstances: see e.g Gee on Commercial Injunctions (6th edition) in particular at 12–032 – 34 and 12–042 and the cases there cited.

  • (1) Jsc Mezhdunarodniy Promyshlenniy Bank and Another v (1) Sergei Viktorovich Pugachev (2) Kea Trust Company Ltd and Others
    • Court of Appeal (Civil Division)
    • 14 August 2015

    It may mean in some cases that there is no real risk of dissipation and that if the claimant had seriously thought that there was, an application would have been made earlier. If the court is satisfied on the evidence that there remains a real risk of dissipation it should grant an order, notwithstanding delay, even if only limited assets are ultimately frozen by it.

  • R (L) v Westminster City Council (MIND and another intervening)
    • Supreme Court
    • 09 May 2013

    In private litigation, a claimant acts in its own interests and has a choice whether to commit its assets and energies to doing so. Particularly in the commercial context in which freezing orders commonly originate, a claimant should be prepared to back its own interests with its own assets against the event that it obtains unjustifiably an injunction which harms another's interests.

  • 1) Ras Al Khaimah Investment Authority and Others (Appellants v 1) Bestfort Development LLP and Others
    • Court of Appeal (Civil Division)
    • 19 July 2017

    Delay on the part of a party applying for a freezing injunction gives rise to rather more elusive considerations. This latter argument assumes that a defendant is already of dubious probity and it is a curious principle that would allow such a defendant to rely on his own dubious probity to avoid an order being made against him.

  • Fourie v Le Roux and Others
    • House of Lords
    • 24 January 2007

  • JSC BTA Bank v Solodchenko and Others
    • Court of Appeal (Civil Division)
    • 14 December 2010

    This is not, in my view, a partial definition of the preceding words. And it makes it clear that “the Respondent's assets” can include assets held by a foreign trust or a Liechtenstein Anstalt when the defendant retains beneficial ownership or effective control of the asset.

  • Alternative Investment Solutions (General) Ltd v Valle De Uco Resort & SPA SA and Others
    • Queen's Bench Division
    • 22 February 2013

    There is no need for a claimant to show an intention to dissipate assets, nor dishonesty or fraud. Where there is a good arguable case of dishonesty or fraud the risk of dissipation may speak for itself. The conduct giving rise to a real risk of dissipation must not be capable of justification: Ketchum International v Group Public Relations Holdings [1997] 1 WLR 4, per Stuart Smith LJ at 10: White Book, 2012, v.2, 15–69.

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  • The Family Procedure Rules 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... (1) The court may grant an injunction(GL) only if the injunction(GL) is ancillary or incidental to the ... ) Act 1977 to deliver up goods;(f) an order (referred to as a ‘freezing injunction(GL) ’) —(i) restraining a party from removing from the ... ...
  • The County Court Remedies Regulations 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... Procedure Rules 1998 ( SI 1998/3132)); and(b) an interlocutory injunction preventing a party from either removing assets out of the jurisdiction of ... known as a "Mareva" injunction, but now referred to as a "freezing injunction" or "freezing order" in the Civil Procedure Rules).By revoking ... ...
  • Finance Act 2022
    • UK Non-devolved
    • January 01, 2022
    ... ... 5: Freezing starting rate limit for savings for tax year 2022-23 ... (1) For the tax ... on behalf of HMRC to a court in Northern Ireland for a freezing injunction in relation to a relevant penalty (see section 90) before the penalty is ... ...
  • The Family Court (Composition and Distribution of Business) Rules 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... in the family court(1) Charging order.(2) Order (known as a “freezing injunction”) restraining a party from:(a) removing from the jurisdiction ... ...
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Books & Journal Articles
  • Frustrating the Fraudster — Civil Law Weapons
    • No. 3-2, April 1999
    • Journal of Money Laundering Control
    • 143-145
    Fraud has never respected national boundaries. But the advent of the Internet and modern technology has increased the ease with which money and documents can be transferred worldwide. The Fraud Adv...
    ... ... has been described as 'the law's two nuclear weapons'2 — the freezing injunction and the search order. The majority of cases referred to ... ...
  • Cross‐border asset protection: an offshore perspective
    • No. 10-3, July 2003
    • Journal of Financial Crime
    • 229-245
    Considers the ability of an applicant to reach assets in offshore jurisdictions, showing that there is a difference between the offshore world and the rest of the world; most of the “traditional” o...
    ... ... from dealing with the identi-®ed assets within Sunland (a freezing order inaid of foreign proceedings where the substantivecause of action ... Court, but the defendantneed not be.17As with any interlocutory injunction, `equity actsin personam' and any order of any court must prop-erly attach ... ...
  • Appeal Dismissed: English Courts on Foreign Judgments
    • No. , August 2018
    • African Journal of International and Comparative Law
    • 477-480
    ... ... case, such as sitting on the judicial panel which granted a freezing injunction against the Appellants, she ultimately did not take part in the ... ...
    • No. 4-2, April 2000
    • Journal of Money Laundering Control
    • 131-154
    The Committee has considered the present state of English civil law in relation to remedies available to victims of money laundering. We summarise here the relevant rules and principles of English ...
    ... ... in the following ways: (a) as persons named in a court order freezing assets of which they have custody for a person against whom an allegation ... 43.4 Freezing injunctions (a) A freezing injunction (Mareva) restrains a party from removing assets from the jurisdiction or ... ...
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Law Firm Commentaries
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