Freezing injunction
Also called: Mareva injunction, asset freeze, WFO (worldwide freezing order)
An interim court order that prevents a defendant from disposing of or dealing with their assets pending the outcome of litigation.
Definition
A freezing injunction (historically called a Mareva injunction after the case <em>Mareva Compania Naviera SA v International Bulkcarriers SA</em> [1975] 2 Lloyd's Rep 509) is one of the most powerful interim remedies in civil litigation. It restrains the defendant from dealing with their assets — including bank accounts, property, shares, and vehicles — in a way that would frustrate any judgment that the claimant obtains. The key requirements to obtain one are: (1) a good arguable case on the merits; (2) a real risk that the defendant will dissipate their assets before judgment; and (3) the balance of convenience favours the grant. Applications are usually made without notice to the defendant (because giving notice may prompt the very dissipation the order is designed to prevent), supported by a detailed witness statement. The claimant must give a cross-undertaking in damages — a promise to compensate the defendant if the injunction turns out to have been wrongly granted. A domestic freezing order covers assets in England and Wales; a worldwide freezing order (WFO) covers assets anywhere in the world, though enforcement abroad requires separate proceedings. Breach of a freezing injunction is contempt of court.
In practice
Freezing injunctions are serious, expensive, and reserved for cases where there is genuine evidence the defendant intends to dissipate assets — for example, moving money offshore, transferring property to family members, or liquidating a business. They are not appropriate for ordinary commercial disputes where you simply want to ensure the defendant has money to pay. Always instruct a solicitor — the application must be made to the High Court (or a High Court judge in a county court), the evidence requirements are strict, and the cross-undertaking exposes you to liability if the injunction is wrongly obtained. See also the <a href="/glossary/injunction" class="body-link">injunction glossary entry</a> and the <a href="/glossary/undertaking" class="body-link">undertaking entry</a> for related concepts.