Freezing Order Bundle

A freezing order - formerly known as a Mareva injunction — is one of the most powerful interim remedies available in civil litigation. Made under section 37 of the Senior Courts Act 1981 and governed by CPR Part 25, it restrains a respondent from disposing of or dealing with assets pending the determination of the underlying claim. The court grants it only where it is just and convenient to do so, and the standard test requires the applicant to show a good arguable case on the underlying claim, assets within scope, a real risk of dissipation, and that the order is just and convenient.

Most applications are made without notice, for the obvious reason that alerting the respondent would defeat the purpose. That urgency comes at a price: the applicant is under a strict duty of full and frank disclosure, covering all material points including weaknesses in the case and potential defences, and must give a cross-undertaking in damages — a promise to compensate the respondent if the order later proves unjustified.

From 6 April 2025, CPR Part 25 was revised extensively and Practice Direction 25A was revoked, with new revised model orders introduced. The bundle for a freezing order application has to meet these updated requirements from the outset.