header-logo header-logo

Freezing injunctions at 50 (Pt 2)

11 July 2025 / Rebecca Sabben-Clare KC
Issue: 8124 / Categories: Features , Profession , In Court , Freezing orders
printer mail-detail
225402
After half a century, the freezing injunction is growing bolder & bolder, writes Rebecca Sabben-Clare KC
  • Since 1975, freezing injunctions have expanded in scope and complexity. Recent case law has debated what assets are caught and whether the ‘good arguable case’ test aligns with the ‘serious issue to be tried’ standard.
  • Practical challenges persist, including the high cost of applications and the burden of rapid disclosure on defendants.

As Mary Young wrote recently in this journal, Mareva injunctions (freezing orders) were born on 23 June 1975, when the Court of Appeal handed down judgment in Mareva Cia Naviera SA v International Bulkcarriers SA The Mareva [1980] 1 All ER 213 (see ‘50 years & counting’, NLJ, 13 June 2025, p9).

Fifty years later, senior judges and lawyers met on 23 June 2025 for a seminar to mark the 50th anniversary. Lord Denning MR opened his judgment in The Mareva by saying that the case raised a ‘very important point of practice’, but

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
back-to-top-scroll