Freezing Injunction UK: How to Apply or Defend a Mareva Order

Key Takeaways

1. A freezing injunction in the UK is a powerful court order that can stop anyone from moving or hiding assets before or during legal proceedings.
2. Fast action is essential: whether you want to apply for a freezing order or have been served with one, delay can seriously harm your position and limit your legal options.
3. The test for a Mareva injunction requires evidence of a good arguable case and a genuine risk that assets may be dissipated or concealed.
4. Ignoring a freezing injunction risks contempt of court, which may result in fines, asset seizure, or imprisonment.
5. Urgent legal advice is critical—court deadlines are extremely tight, and missing a response can be fatal to your defence.
6. Applicants usually have to provide a cross-undertaking in damages, meaning getting an injunction is not without risk.
7. Both UK and overseas assets can be frozen depending on the court order’s scope, so review the wording and get legal advice immediately.
8. We are rated Excellent on Trustpilot with over 140 five-star reviews and an average 4.9/5 rating from satisfied clients.

For confidential, rapid advice on freezing injunctions or emergency litigation, call our expert solicitors on 0207 459 4037 or request a Free Consultation online.

How to Apply for or Defend Against a Freezing Injunction in the UK

A freezing injunction—better known as a Mareva order—is one of the most powerful remedies the courts in England & Wales can grant. Once in place, it restricts an individual or company from dealing with, moving, or concealing assets. This measure applies to both UK and foreign assets, sometimes with no advance notice to the respondent. In commercial disputes, your chances of success or defence depend on swift, knowledgeable action.

Knowing how to make a strong application, or urgently respond if served, can make the difference between securing assets or losing immediate access to them. Timing is critical, as every day lost can lead to assets disappearing and can put your litigation at risk.

Our solicitors provide rapid, specialist advice to help you protect your interests, whether you need an emergency injunction or must urgently challenge one.

What Is a Freezing Injunction (Mareva Order) and When Can One Be Granted?

A freezing injunction is a court order preventing the respondent from moving, using, or disposing of certain assets. The purpose is to preserve assets so that a future judgment is not frustrated—ensuring money or property remains available if your claim succeeds.

Courts in England & Wales grant freezing injunctions only if:

• There is a substantive legal claim, such as fraud, breach of contract, or outstanding debts.
• There is a real and present risk the respondent will dissipate assets to avoid paying if judgment is made against them.

These orders can be made in a wide variety of cases, not only involving complex frauds. They are commonly used in commercial litigation, partnership disputes, shareholder fallouts, and recovery of significant debts over £100,000.

How Do You Apply for a Freezing Injunction in the UK?

Applying for a freezing injunction involves urgent, precise court procedure. The High Court usually deals with these applications, especially where complex or high-value assets are involved. Applications are nearly always made “without notice” (ex parte), to prevent tipping off the respondent and allowing assets to be concealed.

The Essential Steps for a Freezing Order Application

1. Prepare a detailed application notice with supporting documentation, including a comprehensive witness statement.
2. Assemble clear evidence of your underlying claim (such as contracts, loan agreements, or emails).
3. Submit a skeleton argument setting out the legal basis and urgency.
4. Request an emergency court hearing, often the same day.
5. Comply with the judge’s directions, including offering a cross-undertaking in damages.
6. Secure and immediately serve the court’s order on the respondent, plus any banks or third parties named.

For clients requiring emergency applications, our commercial litigation specialists offer rapid, fixed-fee strategy reviews within hours.

What Evidence and Documents Do Courts Require?

To succeed in freezing an opponent’s assets, applicants must present:

• Documentary proof of the underlying claim, such as agreements or invoices.
• Concrete evidence of asset dissipation—examples include recent, unexplained bank transfers, or notification from third parties about property being sold or mortgaged.
• Accurate identification of assets sought to be frozen.
• Full and frank disclosure: you must set out anything which might undermine your case, not just favourable facts.

The Legal Test for Granting a Freezing Order

Courts follow strict legal principles established in the Civil Procedure Rules (CPR Part 25) and developed in leading cases such as Mareva Compania Naviera SA v International Bulkcarriers SA. The applicant must show:

• A good arguable case on the merits of the underlying claim.
• Real risk that, without the injunction, the respondent will dissipate or hide assets to frustrate enforcement of any judgment.
• The order is “just and convenient” given the case circumstances, balancing both sides’ interests.

Judges assess all evidence critically, with a cautious approach due to the serious consequences a freezing order has. A cross-undertaking in damages from the applicant is typically required to compensate the respondent if it is later found the injunction should not have been issued.

You may find our guide on understanding professional negligence claims against solicitors helpful if your case involves issues of legal advice or negligence.

What If You Are Served With a Freezing Injunction?

Being served with a freezing order is an urgent legal crisis. The order will likely arrive with supporting documents, usually on short notice, and will specify the assets frozen and when you must attend a return hearing (often within 7–14 days). Breaching the order, even by accident, is treated as contempt of court.

What To Do Immediately After Being Served

1. Read the entire order carefully, including schedules and attached instructions.
2. Do not make any asset transfers, sales, or payments banned by the order.
3. Contact our expert solicitors the same day to interpret the order and begin preparing your response.
4. Gather evidence of your assets and transactions to help your legal defence.
5. Prepare for the return hearing, where you can apply for the order to be discharged or varied.
6. Notify any third parties (such as banks or business partners) mentioned in the order immediately.

If you are facing a time-critical freezing order, book a free review with our litigation team within 24 hours.

Which Assets Can Be Frozen by a UK Court?

Any asset type can be covered by a freezing injunction if it is specified, including:

• Cash in bank accounts (both domestic and international)
• Real property (houses, flats, commercial premises)
• Shares, bonds, and other securities
• Company stakes and debts owed by third parties
• Vehicles, luxury goods, or other valuables

Freezing injunctions can be “domestic” (UK-only) or “worldwide,” where justified by the evidence. It is common for the order to cover all assets up to a set value, regardless of where they are situated.

How to Defend Against a Freezing Injunction

If you are served with a freezing injunction, every hour counts. The first opportunity to challenge the order is typically at the return hearing, with only days to prepare.

Grounds for Discharging or Varying a Freezing Order

• The underlying legal claim is weak—there is no “good arguable case.”
• The risk of asset dissipation has been exaggerated or is not supported by evidence.
• The applicant failed in their duty of full and frank disclosure at the initial hearing.
• The scope of the order is excessive, unduly restrictive, or oppressive.
• Offering suitable undertakings or alternative safeguards to assure the court your assets will remain available.

You may also find our article on solicitor negligence: UK real malpractice examples & legal rights useful if you’re dealing with litigation risks arising from professional advice.

If you have been served with a freezing order, contact our urgent response team immediately to protect your assets and your business reputation.

What Are My Obligations and What Are the Risks if Subject to a Freezing Order?

Once an order is served, you must:

• Not dispose of or diminish the value of any asset specified in the order.
• Provide a sworn account of your assets above the stipulated value, often on a global basis.
• Cooperate with any court requirement to produce financial records or disclosures.
• Notify your bank and other relevant parties (such as lenders or partners), as required by the order.

Any breach—intentional or accidental—can amount to contempt of court, risking substantial fines, asset forfeiture, and imprisonment of up to two years in severe cases.

What Laws and Court Deadlines Apply to UK Freezing Orders?

Key legal sources include:

• Senior Courts Act 1981, s.37: Statutory power for the High Court to grant injunctions where “just and convenient.”
• CPR Part 25 & Practice Direction 25A: Sets out the test, procedures, and broad application rules for interim remedies.
• Commercial Court Guide: Detailed procedural guidance for high-value, complex cases.

Applications can be heard within hours. After being served, the respondent’s first opportunity to challenge the order is usually set within 7–14 days. These tight timescales mean that delay—whether by claimant or respondent—often has irreversible consequences.

The Cross-Undertaking in Damages

Applicants for a freezing injunction must almost always promise (undertake) to pay damages if it turns out the injunction was wrongly granted and caused loss to the respondent. Courts require credible proof that the applicant can actually fund any such liability—this might include bank statements or insurance certificates.

Leading Cases on Freezing Injunctions

Courts apply strict standards, require targeted evidence, and demand strict procedural compliance in all freezing injunction cases.

How Fast Can a Freezing Order Be Granted—or Lifted?

Judges can grant freezing injunctions on the very same day, without notice, if there is a demonstrable, urgent risk of asset dissipation. Hearings can be arranged within hours for high-value or complex cases.

After service, respondents usually have a return date in 7–14 days to ask for the order to be set aside, varied, or maintained. Respondents must prepare evidence and strategic arguments at speed; the court may discharge or significantly amend the order at this hearing.

Why Is a Cross-Undertaking in Damages So Vital?

A cross-undertaking is the applicant’s promise to cover the respondent’s losses if the injunction is later found to have been wrongly made. It is a safety net for respondents and a crucial reason the courts balance applications so carefully. Applicants may need to produce evidence of assets or insurance to satisfy the court when large sums are at stake.

If you need urgent advice on strategic risks or need to act quickly in a high-value dispute, our litigation team can assist immediately.

Can a Freezing Injunction Cover Assets Held Overseas?

Yes, “worldwide” freezing orders can be made if the assets are believed to be at risk, provided the case has a UK connection and practical enforcement is realistic. For example, UK courts regularly freeze funds in European and offshore bank accounts if supporting documentation is provided.

To convince the judge, you must show the foreign assets are identifiable and at genuine risk—broad or speculative claims will fail.

What Are the Consequences of Breaching a Freezing Order?

Any breach, even accidental, is considered contempt of court. The penalties can include:

• Substantial personal and corporate fines
• Immediate seizure of assets
• In the most serious cases, imprisonment for up to two years

Judges take a tough stance, even for mistakes, unless you can prove you took all reasonable steps to comply.

What’s the Difference Between a Freezing and Proprietary Injunction?

A freezing injunction prevents a person from dealing with assets generally, usually up to a set value, to preserve enforcement funds. By contrast, a proprietary injunction protects a specific item or category of asset the claimant claims to own (such as a disputed business account, vehicle, or property). Knowing which remedy to seek is crucial in any high-stakes commercial dispute.

Our Proven Approach to Freezing Injunction Cases

Our litigation lawyers specialise in freezing injunctions, delivering decisive, results-driven support for both applicants and respondents. Key advantages for our clients include:

• Recognition for service quality in the Law Society Gazette and by leading review platforms
• Same-day access to expert litigation solicitors by direct dial and WhatsApp
• Use of secure Go Transfer portals for fast, confidential document review
• Fixed-fee litigation strategies tailored for high-value and time-critical assets
• Demonstrable success in both securing orders to protect client assets and defending unjustified injunctions
• A clear focus on minimising disruption, protecting your reputation, and securing early, commercial outcomes where possible

If you need a rapid, strategic response on any freezing injunction matter, contact our expert lawyers today for a Free Consultation.

Frequently Asked Questions

Can I apply for a freezing injunction without a solicitor?

It is technically possible, but in reality, the evidence and court process are highly technical—applications almost never succeed without a specialist litigation lawyer’s assistance.

What’s the difference between a freezing injunction and a freezing order?

There is no legal difference; both refer to an interim court order preventing asset dissipation.

Will a freezing injunction affect my business bank accounts?

Yes—if the order specifies company accounts. Directors should urgently review order wording; even where claims are personal, business funds may be affected.

How can I set aside a wrongly-granted freezing injunction?

Act immediately. Instruct our specialist solicitors, gather evidence, and apply to the court for discharge or variation, ideally ahead of the return hearing date.

How long does a freezing order last in the UK?

Most are interim until trial or further court order, but some (or parts of them) can be discharged or varied at the return hearing.

Are Mareva orders public or confidential?

Basic court orders are public. However, sensitive information can be protected on request at the judge’s discretion.

Can assets held in joint names be frozen?

Yes. Orders can cover assets you partly own or control. Co-owners (such as spouses or co-directors) will usually be notified and have the right to be heard.

Do I have to disclose all my assets?

You must fully disclose assets above the threshold specified in the order. Any attempt to hide or mislead the court is treated as very serious misconduct.

What if I move money after being served?

Moving funds after service—even by mistake—may be contempt of court. For regular essential payments, urgently apply for a court variation.

Is a deposit or financial guarantee needed for a freezing injunction?

Yes. As well as standard court application fees, successful applicants must usually give a cross-undertaking in damages—effectively a financial guarantee.

Get Urgent Advice on Freezing Injunctions

Taking immediate, expert action is essential when dealing with freezing injunctions. Delays or missteps put your finances and legal position at risk, exposing you to loss of assets or contempt sanctions. Our solicitors are highly experienced in both obtaining and defending freezing orders across England & Wales, with a proven record in urgent commercial litigation.

Whether you need to act now to protect your assets or defend against an application, our expert lawyers can deliver fast, practical support tailored to your case. Call us on 0207 459 4037 or book a Free Consultation using our online form.