Even after five decades of freezing injunctions, the courts are still regularly asked to clarify the law: Mary Young & Charlotte Dormon round up this year’s causes of confusion
- 2024 has seen a number of cases concerning freezing injunctions in the courts.
- These have dealt with, among other issues, the correct test of a ‘good arguable case’, the duty to provide full and frank disclosure, and what events might trigger the expiration of a freezing order.
In 2025, the freezing injunction will celebrate its 50th anniversary. While it is a well-established part of the asset recovery specialist’s arsenal, the decisions of 2024 demonstrate that this remains an interesting and developing area of law.
Locus for an order
In August 2024, the Court of Appeal considered whether to uphold a first instance decision setting aside a freezing order made to support foreign (Scottish) proceedings.
Section 25 of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) permits interim relief to be granted in support of foreign proceedings provided that the following test is satisfied:
(1) that proceedings
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