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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

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Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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