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14 January 2022 / Simon Heatley , Stewart Hey
Issue: 7962 / Categories: Features , Commercial
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Freezing orders: policing the nuclear option

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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.

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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