Applying for a Freezing Injunction

A freezing injunction, also known as a freezing order or Mareva injunction, is one of the most powerful legal tools available in the English courts. It is a court order that prevents a person or company from disposing of or dealing with their assets. Its purpose is to preserve those assets so that if you win your legal case, there is something of value left to satisfy the judgment. Obtaining one is a high-stakes, urgent process that requires specialist legal representation and a powerful, evidence-based case.

At Central Chambers Law, our senior legal consultants are experts in complex litigation and injunctive relief. We have a profound understanding of the strict legal tests that must be met to secure a freezing order and the tactical skill required to deploy them effectively. Our function is to provide immediate, authoritative advice and to act decisively to protect your position when there is a risk that assets will disappear.

What is a Freezing Injunction?

A freezing injunction is a prohibitive court order that freezes a defendant's assets up to a certain value. This means they cannot sell, move, or diminish the value of those assets. The order can cover a wide range of assets, including:

• Bank accounts
• Property and land
• Shares and investments
• Vehicles, yachts, and aircraft
• Goods and other valuable items

The order can apply to assets worldwide (a "worldwide freezing order") and requires the defendant to provide a detailed disclosure of all their assets. It is a draconian measure, granted only when there is a clear and present danger that a defendant will dissipate their assets to frustrate a court judgment.

When is a Freezing Injunction Used?

These orders are sought in situations where there is a serious risk that a defendant will hide or dispose of their assets before a legal claim against them is concluded.

Common scenarios include:

• Fraud Cases: Where a claimant has been the victim of a fraud and needs to secure the stolen funds or property purchased with them.
• Breach of Contract: In high-value commercial disputes where there is evidence that the defendant is moving assets out of the jurisdiction to avoid their liabilities.
• Breach of Fiduciary Duty: Where a director or trustee has misappropriated company or trust assets.
• Protecting a Future Judgment: In any significant legal claim where the defendant's conduct gives rise to a real risk that they will not honour a judgment made against them.

The Legal Test for a Freezing Injunction

Because freezing orders are so powerful, the court imposes a very high bar. An applicant must persuade a judge of several key points, usually without the other side being present (a "without notice" application).

The applicant must prove:

1. A Good Arguable Case: You must show that you have a strong underlying legal claim against the defendant. This is a higher standard than simply a "real issue to be tried."
2. A Real Risk of Dissipation: This is the crucial element. You must provide solid evidence that there is a real risk the defendant will dispose of their assets to avoid a judgment. Mere suspicion is not enough; evidence of dishonesty, previous defaults, or a lack of probity is key.
3. It is Just and Convenient: You must convince the court that granting the order is fair and just in all the circumstances.

The applicant must also provide a "full and frank disclosure" of all relevant facts to the court, including any points that might weaken their own case. Failure to do so can result in the order being discharged.

Applying for an Injunction: The Process

Obtaining a freezing injunction is a rapid and intense legal process.

1. Urgent Evidence Gathering: The first step is to rapidly assemble all the evidence needed to support the application, including documents proving your claim and evidence of the risk of dissipation.
2. Preparing the Application: A detailed application is drafted, supported by a sworn affidavit from the applicant setting out all the facts and a skeleton argument from your legal team explaining the law.
3. The "Without Notice" Hearing: The application is typically made to a High Court judge in a private hearing, without the defendant being present or even aware of it. This is to prevent them from moving assets before the order can be served.
4. Serving the Order: If the judge grants the order, it must be personally served on the defendant and on third parties like banks. Once served, the assets are frozen instantly.
5. The "Return Date" Hearing: A second hearing is scheduled a few days later, where the defendant has the opportunity to appear and argue that the order should be set aside.

Consequences and Defences

A freezing injunction has immediate and serious consequences for the person or company subject to it.

Impact of the Order

• Asset Freeze: All specified assets are frozen and cannot be touched.
• Asset Disclosure: The defendant must provide a detailed list of all their assets above a certain value, worldwide.
• Penalties for Breach: Breaching a freezing injunction is a contempt of court, a serious offence punishable by fines, seizure of assets, or even imprisonment.

Potential Defences

• No Good Arguable Case: The defendant can argue that the underlying legal claim is weak.
• No Risk of Dissipation: They can challenge the evidence and argue there was no real risk they would move their assets.
• Material Non-Disclosure: The most common defence is to argue that the applicant failed to give full and frank disclosure at the initial hearing, for which the court will often discharge the order.

Why Central Chambers Law Provides the Definitive Representation

Applications for freezing injunctions are the sharp end of litigation. They are won or lost based on speed, meticulous preparation, and powerful advocacy. There is no room for error.

Clients trust Central Chambers Law because we provide a strategic, incisive, and highly responsive service required for these emergency applications. Our reputation is built on our ability to mobilise instantly and present a compelling case under extreme pressure. Our approach involves:

• Immediate, Authoritative Advice: We provide an urgent, clear-headed assessment of your case, determining whether you meet the high legal threshold and formulating a strategy for immediate action.
• Deep Expertise in Injunctive Relief: Our team has an intrinsic, technical understanding of the Civil Procedure Rules and the extensive case law governing freezing orders. We know what a judge needs to see.
• Rapid and Forensic Preparation: We are experts at preparing powerful, evidence-based applications under the tightest of deadlines. We understand the duty of full and frank disclosure and ensure your application is unimpeachable.
• Formidable Advocacy: Our senior advocates are skilled at presenting arguments persuasively in high-pressure court hearings. We have the authority and experience to convince a judge to grant or discharge these powerful orders.

Our focused expertise means we are perfectly equipped to provide the intelligent and robust representation needed to succeed when assets are on the line.

Protect Your Assets with Immediate Expert Advice

If you believe a person or company that owes you money is trying to dissipate their assets, or if you have been served with a freezing injunction, you must act immediately. These are legal emergencies where every hour counts.

Contact our expert litigation solicitors immediately for an urgent and confidential consultation. Taking decisive action is the only way to protect your financial position and secure your assets.

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