Fourie v Le Roux [2007] UKHL 1, [2007] All ER (D) 171 (Jan)
The grant of a freezing order, on a without notice application, would be unlikely to be properly made in the absence of any formulation of the case for substantive relief that the applicant intends to institute.
Without the issue of substantive proceedings or an undertaking to do so, the propriety of the grant of an interlocutory injunction would be difficult to defend.
An interlocutory injunction, like any other interim order, is intended to be of temporary duration, dependent on the institution and progress of some proceedings for substantive relief.
However, in suitable circumstances a freezing order may be, and often is, granted and served on the respondent before substantive proceedings have been instituted; such an order is not a nullity.
