header-logo header-logo

14 January 2022 / Simon Heatley , Stewart Hey
Issue: 7962 / Categories: Features , Commercial
printer mail-detail

Freezing orders: policing the nuclear option

68404
Stewart Hey & Simon Heatley provide a temperature check on freezing orders in the courts
  • The practical implications of recent case law on freezing orders.

Lord Justice Donaldson memorably described freezing orders as one of the law’s ‘nuclear‘ weapons in Bank Mellat v Nikpour [1985] FSR 87. It follows that access to such a weapon in the court’s arsenal is strictly policed, subject to a number of checks and balances that govern the licensing of its use. A run of recent cases has developed the jurisprudence in this area, the practical implications of which are considered in this two-part article.

Distinguishing the relief sought

In the first instance, it is important to distinguish general freezing orders from:

(1) orders sought to preserve the subject matter of a claim where the applicant has a proprietary or tracing claim (proprietary injunctions); and

(2) notification orders.

Although each represents a form of a freezing order, the conditions governing access to and deployment of the three forms of relief will vary.

For

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

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