Define: Freezing Order

Freezing Order
Freezing Order
Quick Summary of Freezing Order

A freezing order, also known as a Mareva injunction, is a legal remedy issued by a court to prevent a party from dissipating or disposing of their assets pending the resolution of a legal dispute. It is typically sought by a claimant who has a strong case against a defendant and fears that the defendant may attempt to hide or transfer assets to avoid paying a potential judgment. A freezing order effectively “freezes” the defendant’s assets, prohibiting them from selling, transferring, or otherwise dealing with their assets beyond specified limits without the court’s permission. Freezing orders are commonly used in cases involving fraud, breach of trust, or other civil claims where there is a risk of asset dissipation. They aim to preserve the status quo and ensure that assets remain available to satisfy any potential judgment or award in favor of the claimant.

Full Definition Of Freezing Order

A freezing order or Mareva injunction is a prohibitory injunction ordering the defendant not to dispose of or remove his assets from the jurisdiction prior to trial.

A freezing order will only be awarded where the claimant has a good arguable case, assets within the jurisdiction and there is a real possibility that they will be removed or dissipated (Derby & Co Ltd v Weldon 1990).

Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/freezing-order/
  • Modern Language Association (MLA):Freezing Order. dlssolicitors.com. DLS Solicitors. March 29, 2024 https://dlssolicitors.com/define/freezing-order/.
  • Chicago Manual of Style (CMS):Freezing Order. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/freezing-order/ (accessed: March 29, 2024).
  • American Psychological Association (APA):Freezing Order. dlssolicitors.com. Retrieved March 29, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/freezing-order/