freezing injunction

a court order which restrains someone from removing or dealing with their assets. This can be by way of an interim order and is referred to as a ‘freezing injunction’. These were formerly known as Mareva injunctions a form of injunction, named after the case in which it was first granted, under which the court could freeze the assets of a resident or non-resident debtor where the debtor has gone abroad but still has assets in England. A provision could be inserted to protect third parties abroad by way of preventing the order having effect until the injunction is approved by the foreign court, such a provision being known as a Babanaft proviso after the case in which it was first allowed. The procedure is now set out in rules of court. To obtain a ‘freezing injunction’ the creditor must present a good arguable case, showing that there is a real risk of dissipation and that the order is appropriate on the balance of convenience between the parties. The order imposes limitations on what a debtor can do with their assets but provisos maybe permitted to allow the addressee to continue to trade or maintain a lifestyle. The creditor must identify a cause of action and demonstrate that there is a real risk that the debtor is or may be in the process of dealing with their assets.

Collins Dictionary of Law © W.J. Stewart, 2006

References in periodicals archive

powers against those who disobey a freezing injunction).

somewhat restricted from issuing pre-judgment freezing injunctions of

less immediate remedies in the form of freezing injunctions.

MARITIME ATTACHMENT: AN EXPANDED REMEDY FOR OVERSEAS JUDGMENT CREDITORS

But the document was "an obvious and poor forgery," according to Mr Justice Eder and Templeton then applied for - and were granted - a freezing injunction.

In his judgement last month, Mr Justice Eder stated: "There is no suggestion that any monies or other tangible assets belonging to Motorcare were actually disposed of or dealt with contrary to the freezing injunction.

BUSINESSMAN WHO GIRL'S PARTY SEES SPENT pounds 20K ON HIS EMPIRE COLLAPSE; He pledges to appeal as judge threatens prison

Obscure phrases that will be abandoned include "Anton Piller order", which is replaced by search order, "Mareva Injunction", which is replaced by freezing injunction and "ex parte" which becomes without notice.

Civil courts set for plain talking to stop lawyers dragging their feet

He has particular experience in dealing with all types of urgent injunctive relief cases including ex parte applications for freezing injunctions, receivership and Anton Piller orders, Norwich Pharmacal orders and other disclosure orders.

Elias Neocleous & Co LLC -- new appointments in Nicosia office

"Panesar is learning the hard way that we will not stand for this kind of activity." Panesar was handed a nine-month jail term last year for establishing Motorcare Elite in defiance of freezing injunctions. He and another man had transferred assets from Motorcare Warranties despite being ordered not to.

'Reckless' broker left a trail of destruction

In addition, we are seeing an increase in applications for more aggressive actions such as freezing injunctions and search and seize orders.

Litigators are not just for Christmas; Shoosmiths' Alex Bishop examines how the attitudes of litigators and the cases they represent have changed during the past 12 months

Harbinder Singh Panesar was handed a nine-month term by Mr Justice Eder at London's High Court for establishing a new motor insurance company, Motorcare Elite, in defiance of court freezing injunctions.

TV dad jailed for defying court orders

"In this context, I wish to make public that the justice ministry of Cyprus has denied judicial assistance to the Greek criminal justice authorities illegally and in violation of international treaties to which Cyprus is a signatory, thus preventing the summoning of Andri Antoniades and Antonis Glykis … regarding the untruthful statements on which the freezing injunctions were based," he said.

Vgenopoulos: Cyprus has no respect for rule of law

A BUSINESSMAN who became a celebrity on MTV after bankrolling his teenage daughter's birthday party extravaganza has been jailed for "substantial and serious" breaches of court orders Harbinder Singh Panesar was handed a nine-month term by Mr Justice Eder at London's High Court for establishing a new motor insurance company, Motorcare Elite, in defiance of court freezing injunctions.

Businessman sent to jail for breaches; WALES newsbulletin