Freezing orders: an overview

by Practical Law Dispute Resolution

This Practice note provides a guide to the law and practice relating to freezing orders (also called freezing injunctions) in England and Wales. It explores what a freezing order is and the types of assets that can be frozen. It explains why a party might seek such an order, including against non-parties under the Chabra jurisdiction or in support of foreign or arbitration proceedings. It sets out the scope and effect of freezing orders, worldwide freezing orders (WFOs) and proprietary injunctions, and the circumstances in which they, and ancillary orders, may be appropriate. The note touches on the procedure for applying for a freezing order, explains the purpose of the undertaking in damages and the requirement for a penal notice. It covers post-judgment freezing orders, the impact of freezing injunctions on third parties and the nexus with insolvency rules. It provides practical guidance for both applicants and respondents.