Introduction

Also known as Mareva orders (after the case of Mareva Compania Naviera S.A.A v International Bulkcarriers S.A [1975] 2 Lloyd’s Rep 509) or ‘Asset Preservation Orders’, a freezing order is an extraordinary interim remedy for the purpose of preventing the frustration of the Court’s process.

A freezing order will freeze assets where there is a danger that a judgment or prospective judgment of the Court will be wholly or partly unsatisfied or otherwise rendered ineffective.

The full article (3391 words) considers:

Sources of power
Key components of rule 37A
The legal tests which must be met by an applicant
Detail about what must be demonstrated for each test
Evidence required
Content and framing of the freezing order
Common challenges when framing a freezing order
The Maximum Sum Proviso
Freezing orders against third / non-parties to litigation
Freezing orders in the County, Federal and Supreme Courts
The duty of candour in ex parte applications
Responsive tactics
Consequences of breaching a freezing order