header-logo header-logo

22 November 2024 / Mary Young , Charlotte Dormon
Issue: 8095 / Categories: Features , Freezing orders
printer mail-detail

Freezing orders in court

197689
Even after five decades of freezing injunctions, the courts are still regularly asked to clarify the law: Mary Young & Charlotte Dormon round up this year’s causes of confusion
  • 2024 has seen a number of cases concerning freezing injunctions in the courts.
  • These have dealt with, among other issues, the correct test of a ‘good arguable case’, the duty to provide full and frank disclosure, and what events might trigger the expiration of a freezing order.

In 2025, the freezing injunction will celebrate its 50th anniversary. While it is a well-established part of the asset recovery specialist’s arsenal, the decisions of 2024 demonstrate that this remains an interesting and developing area of law.

Locus for an order

In August 2024, the Court of Appeal considered whether to uphold a first instance decision setting aside a freezing order made to support foreign (Scottish) proceedings.

Section 25 of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) permits interim relief to be granted in support of foreign proceedings provided that

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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll