After half a century, the freezing injunction is growing bolder & bolder, writes Rebecca Sabben-Clare KC
- Since 1975, freezing injunctions have expanded in scope and complexity. Recent case law has debated what assets are caught and whether the ‘good arguable case’ test aligns with the ‘serious issue to be tried’ standard.
- Practical challenges persist, including the high cost of applications and the burden of rapid disclosure on defendants.
As Mary Young wrote recently in this journal, Mareva injunctions (freezing orders) were born on 23 June 1975, when the Court of Appeal handed down judgment in Mareva Cia Naviera SA v International Bulkcarriers SA The Mareva [1980] 1 All ER 213 (see ‘50 years & counting’, NLJ, 13 June 2025, p9).
Fifty years later, senior judges and lawyers met on 23 June 2025 for a seminar to mark the 50th anniversary. Lord Denning MR opened his judgment in The Mareva by saying that the case raised a ‘very important point of practice’, but surely no one in court on 23 June 1975 foresaw
