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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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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