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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
Full glossary
Legal term
Evidence & Procedure

Freezing Order

An interim injunction (formerly the 'Mareva injunction') restraining a party from removing assets from the jurisdiction or otherwise dealing with them, typically granted to stop a defendant dissipating assets before judgment can be enforced.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

The Civil Procedure Rules give the remedy its statutory shape in the list of interim remedies the court can grant, describing 'an order (‘freezing injunction’)—' that can take two overlapping forms: one 'restraining a party from removing assets from the jurisdiction; or' another 'restraining a party from dealing with any assets whether located within the jurisdiction or not'. The order can therefore reach assets that never leave England and Wales at all, not just attempts to send money abroad.

Because a freezing order can immobilise a defendant's entire financial position before they have had a chance to answer the claim, the rules confine the power to grant it to senior decision-makers: 'High Court Judges or any other judges duly authorised may grant search orders and freezing injunctions.' Applications are almost always made without notice, on affidavit evidence, for the same reason that any advance warning would let a determined defendant simply move the assets first.

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Official sources

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