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    TV EDWARDS SOLICITORS LLP

    Freezing Injunctions in the UK: When and How to Secure One

    A guide on how to successfully prevent a defendant from disposing of assets before a court judgment.

    Back to News & Blogs 7th April 2025

    Adam Haffenden
    Adam Haffenden
    Partner - Head of Dispute Resolution

    Blog Dispute Resolution

    Introduction

    A freezing injunction (formerly a Mareva injunction) is a powerful remedy in English law, preventing a defendant from disposing of assets before a court judgment is enforced. It is commonly used in fraud cases, contractual disputes, and asset recovery claims.

    Given the strict legal requirements set out in UK case law and the Civil Procedure Rules (CPR 25.1(1)(f)), claimants must act swiftly and provide compelling evidence to convince the court. This article outlines the key warning signs that justify seeking a freezing order in the UK and the steps to secure one successfully.

    Key Signs That a Freezing Injunction May Be Needed

    1. Risk of Asset Dissipation

    • To obtain a freezing injunction, the claimant must demonstrate a real risk that the defendant will dissipate assets to frustrate a future judgment. The following are strong indicators:
    • Sudden asset transfers to offshore accounts or related parties.
    • Unexplained liquidation of valuable assets, such as property, stocks, or business interests.
    • Past history of evading debt enforcement or ignoring court orders

    2. Evidence of Fraud or Dishonesty

    UK courts are more likely to grant freezing injunctions in cases involving fraud or serious misconduct. Signs include:

    • False accounting practices or misrepresentation of financial records.
    • Use of shell companies or nominee directors to hide beneficial ownership.
    • Attempts to transfer assets for less than fair market value (suggesting concealment).

    3. Offshore Structures and Hidden Assets

    Defendants using complex offshore structures, trusts, or cryptocurrency transactions to move assets quickly may warrant urgent court intervention. Jurisdictions with weak disclosure rules—such as the BVI, Cayman Islands and Panama—are red flags.

    4. Imminent Insolvency or Bankruptcy

    If a defendant is on the verge of insolvency, a freezing injunction may be necessary to prevent asset stripping before a formal liquidation process begins.

    How to Secure a Freezing Injunction in the UK

    1. Meet the Legal Test for a Freezing Injunction

    Under UK case law (Mareva Compania Naviera SA v International Bulkcarriers SA [1975]), the claimant must establish:

    • A good arguable case – The claim must have a solid legal foundation.
    • Real risk of asset dissipation – Evidence must show a likelihood of concealment or disposal.
    • Balance of convenience – The order must not unfairly prejudice the defendant.

    2. Act Quickly: Apply on a Without Notice Basis

    Most freezing injunctions in the UK are sought without notice to prevent the defendant from transferring assets before the order is granted. Courts require an urgent, well-evidenced application with supporting affidavits.

    3. Provide Full and Frank Disclosure

    The claimant must disclose all relevant facts, even those unfavourable to their case. Failure to do so can result in the injunction being discharged.

    4. Cross-Undertaking in Damages

    UK courts require claimants to compensate the defendant if the injunction is later deemed unnecessary. This financial security reassures the court that the order is not being misused.

    5. Ensure Effective Enforcement

    A freezing injunction only succeeds if it can be enforced against assets. Claimants should:

    • Identify bank accounts, real estate, shares, and crypto holdings subject to the injunction.
    • Use Norwich Pharmacal Orders to uncover hidden assets.
    • Consider worldwide freezing orders (WFOs) if assets are held in multiple jurisdictions.

    Conclusion

    A UK freezing injunction is a critical remedy for preventing the dissipation of assets pre or post judgment. By acting swiftly, presenting strong evidence, and complying with court rules, claimants can maximise their chances of success.

    How we can help?

    Should you be looking for advice in respect of obtaining or defending a freezing injunction in the UK our dispute resolution department has significant expertise handling this area of law.

    Contact us for a free, no obligation initial discussion on 020 3440 8000 or email adam.haffenden@tvedwards.com

    Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.

    Related Services:

    Freezing Injunctions and Orders Solicitors
    Dispute Resolution Solicitors

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    TV Edwards Solicitors Logo
    © 2022 TV Edwards LLP is authorised and regulated by the Solicitors Regulation Authority (465533) and is a Limited Liability Partnership registered in England and Wales number OC325696. Details of the SRA Code of Conduct can be found at sra.org.uk. Registered name: TV Edwards LLP. Registered Office: 35-37 Mile End Road, London, E1 4TP.
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