header-logo header-logo

13 June 2025 / Mary Young
Issue: 8120 / Categories: Opinion , Freezing orders
printer mail-detail

Freezing injunctions at 50

222356
Beloved by asset recovery specialists, bemoaned by defendant lawyers: Mary Young pays tribute to the Mareva injunction

On 23 June 1975 the Court of Appeal, after hearing from Bernard Rix (as he then was), continued an order in Mareva Compania Naviera SA v International Bulk Carriers SA (The Mareva) [1980] 1 All ER 213 preventing the defendant disposing of or removing assets (monies held in a bank account) from this jurisdiction pending the outcome of the claim against it. And thus the Mareva (freezing) injunction was born.

Designed to address the mischief of a defendant with no defence to a claim moving assets out of this jurisdiction to avoid, or at least delay, payment of a judgment, the freezing injunction is now 50 years old. It is beloved of asset recovery specialists, bemoaned by defendant lawyers and envied by lawyers practising in locations where the jurisdiction is not available. The purpose is to protect a claimant from circumstances in which a defendant deliberately makes himself judgment-proof; not to provide security for a claimant against the ordinary use of assets by a defendant,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll