Freezing Orders in the UK: Legal Advice and Defence Guidance

What Is a Freezing Order?

A freezing order, sometimes called a Mareva injunction, is a court injunction that prevents an individual or company from moving, transferring, selling, or disposing of assets.

Its purpose is to preserve assets so they remain available to satisfy a possible court judgment.

For example, if a claimant believes a defendant may try to hide, move, or dissipate assets before a case is resolved, the court may impose a freezing order to protect those assets.

These orders are typically issued by the High Court under its equitable powers. 

They may be: 

• Domestic freezing orders, covering assets in England and Wales
• Worldwide freezing orders, covering assets held internationally

Because these orders can have a major financial impact, the court applies strict legal requirements before granting them.

When Can a Court Grant a Freezing Order?

A court will only grant a freezing order where the required legal criteria are met.

Generally, the claimant must demonstrate: 

• A good arguable case in the underlying claim
• A real risk that assets may be dissipated
• That the order is just and convenient

Freezing orders are commonly sought in cases involving: 

• Fraud 
• Breach of fiduciary duty 
• Asset concealment 
• Commercial disputes 
• Financial misconduct investigations 

Civil Freezing Injunctions

In civil proceedings, a claimant may apply to the High Court for a freezing injunction if they believe the defendant may move assets beyond the reach of the court.

Freezing Orders in Criminal Investigations

Freezing orders may also arise in financial crime investigations, particularly where authorities suspect criminal conduct involving money, property, or other assets.

For example, orders may be connected with investigations under legislation such as the Proceeds of Crime Act 2002, which provides powers to restrain assets linked to suspected criminal activity

Such orders are designed to prevent assets being moved or hidden before confiscation proceedings. 

What Assets Can Be Frozen?

A freezing order can apply to a wide range of assets.

Common examples include: 

• Bank accounts 
• Property or real estate 
• Investment portfolios 
• Shares in companies 
• Valuable personal property 
• Cryptocurrency holdings 

In many cases, financial institutions are notified of the order and must restrict transactions involving affected accounts.

Some orders apply only to assets above a specific financial threshold. Others may freeze assets up to a defined monetary value.

What Happens After a Freezing Order Is Granted?

Once a freezing order is issued, it usually takes immediate effect.

The person subject to the order must comply with strict legal obligations. 

Disclosure Requirements

Most freezing orders require the respondent to provide detailed information about their assets.

This may include: 

• Bank accounts 
• Property holdings 
• Investments 
• Income sources 
• Valuable personal assets 

Providing inaccurate or incomplete information can lead to serious consequences. 

Restrictions on Spending

Although assets are frozen, most orders allow limited spending for reasonable living expenses and legal costs.

However, the respondent must follow the exact terms of the order. Any breach may amount to contempt of court and could result in fines or imprisonment.

Can a Freezing Order Be Challenged or Varied?

Yes. A freezing order is not necessarily permanent, and a respondent may be able to apply to the court to challenge or vary it. 

• Ddischarge the order entirely 
• Vary its terms 
• Clarify spending limits 
• Challenge the evidence supporting the order 

For example, the court may reconsider the order if: 

• The claimant failed to disclose important facts 
• The legal test for the order was not properly satisfied 
• The restrictions imposed are disproportionate 

Legal applications relating to freezing orders are often complex and must be handled carefully. 

Why Legal Advice Matters

Freezing orders are among the most serious interim court orders used in financial, civil and commercial disputes.

The consequences may include: 

• Restricted access to bank accounts 
• Significant reputational damage 
• Complex disclosure obligations 
• Ongoing court proceedings 

Obtaining legal advice as early as possible is essential to: 

• Understand the scope of the order 
• Ensure compliance with the court’s requirements 
• Assess whether the order can be challenged or varied 
• Protect your financial and legal position 

Solicitors experienced in financial investigations, fraud disputes and asset restraint can advise on the process and represent you in court where needed.

Speak to a Solicitor About a Freezing Order

If you are subject to a freezing order, or believe one may be sought against you, legal advice should be obtained promptly.

Freezing orders involve complex legal procedures and strict compliance requirements. Experienced criminal defence solicitors can advise you on the legal implications of the order and represent you in court where necessary. 

To discuss your situation and obtain legal advice, contact our team today.