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11 July 2025 / Rebecca Sabben-Clare KC
Issue: 8124 / Categories: Features , Profession , In Court , Freezing orders
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Freezing injunctions at 50 (Pt 2)

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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

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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