Freezing orders: what must be proved?

by Practical Law Dispute Resolution

Maintained | England, Wales

This Practice note provides guidance on the key requirements for a party seeking to obtain a freezing order in England and Wales. It examines the core principles underpinning the court's jurisdiction to grant this form of interim injunction, which restrains a party from disposing of or dealing with assets. It details the essential criteria that an applicant must satisfy, including demonstrating a good arguable case, the existence of assets and a real risk of dissipation. The note considers the evolving legal landscape following Broad Idea v Convoy Collateral Ltd [2021] UKPC 24 and Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47. It also outlines the court's power to grant worldwide freezing orders (WFOs).

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