What’s in the freezer? A guide to freezing injunctions
Freezing injunctions, or Mareva injunctions as they were formerly known, are powerful interim remedies in English civil procedure. Their purpose is not to decide the merits of a claim, but to ensure that any eventual judgment is not rendered worthless by the defendant dissipating assets in advance of enforcement. Origins and conceptual footing Historically, the courts adhered to a strict orthodoxy: a claimant had no right to restrain a defendant’s dealings with assets before obtaining judgment. The logic was simple: until liability was established, the defendant remained free to use his property as he wished. That position shifted dramatically in 1975 when the Court of Appeal in Mareva Compania Naviera v International Bulk Carriers fashioned what is now the freezing injunction. The court granted relief restraining the defendant from removing or disposing of assets within the jurisdiction, especially where there was a real risk that enforcement would otherwise be frustrated. ...
