Proprietary freezing injunctions

Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes

Proprietary freezing injunctions

Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

Practice notes
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This Practice Note provides guidance on proprietary asset preservation injunctions (also referred to as proprietary injunctions and/or proprietary freezing injunctions) which prevent a defendant from dealing with particular assets over which the claimant asserts a proprietary right pending trial. It explains the differences between proprietary injunctions and freezing injunctions and sets out the test to be applied. It also describes the types of claims in which a proprietary injunction can be sought, and the circumstances in which a proprietary injunction might be varied to permit the defendant access to the assets for living and legal expenses. Finally, it discusses orders for disclosure of traceable assets.

For a summary of a number of key and/or illustrative decisions relevant to proprietary freezing injunctions, see Practice Note: Proprietary freezing injunctions—key and illustrative decisions.

6 April 2025 changes

The CPR provisions relevant to interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and the accompanying Practice Directions, together with the example draft orders included in Annex A and Annex B of Practice Direction 25A, were revoked. From 6 April 2025, new model

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Jurisdiction(s):
United Kingdom
Key definition:
Freezing injunction definition
What does Freezing injunction mean?

A freezing injunction is an interim order by the court restraining a party from removing assets in a jurisdiction or restraining a party from dealing with any located within or outside the jurisdiction.

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