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Commercial Litigation 8 min read•September 2026
Worldwide Freezing Orders & Injunctions under CPR Part 25: Commercial Debt Recovery
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Director & Solicitor of the Senior Courts (COLP)
Key Takeaway for Clients & Businesses
How to obtain urgent ex-parte Freezing Injunctions (Mareva Orders) in the King's Bench Commercial Division to preserve cross-border assets and compel commercial debt settlement.
Emergency Asset Preservation in Contentious Commercial Disputes
In high-value commercial litigation, the greatest risk is often not winning the court judgment, but finding that the defendant has dissipated their assets, emptied bank accounts, or transferred commercial properties offshore before enforcement can take place.A Freezing Order (formerly known as a *Mareva Injunction*) granted under Section 37 of the Senior Courts Act 1981 and Civil Procedure Rules (CPR) Part 25 is the English legal system's most formidable weapon against fraudulent dissipation.Statutory Criteria for Securing a Freezing Injunction
To obtain an urgent ex-parte Freezing Order in the High Court of Justice, our litigation solicitors must satisfy four cumulative legal tests:1. A Good Arguable Case on the Merits
The claimant must demonstrate a strong substantive cause of action (e.g. breach of contract, civil fraud, conversion, or breach of fiduciary duty) that is more than merely arguable.2. Real Risk of Dissipation
There must be solid, objective evidence that the respondent holds assets within the jurisdiction (or worldwide) and that there is a genuine risk those assets will be moved, concealed, or diminished to frustrate judgment.3. Just and Convenient
The High Court judge must be satisfied that granting the injunction is equitable, balancing the claimant's legitimate protection against the respondent's right to conduct ordinary business.4. Cross-Undertaking in Damages
The applicant must provide an undertaking in damages to compensate the respondent if the court later concludes that the freezing order was wrongly granted.The Immediate Impact of a Freezing Order
Once served on UK clearing banks and financial institutions, all accounts held by the respondent are immediately frozen up to the specified value. The respondent is also subject to strict penal notices and mandatory asset disclosure orders under oath within 48 to 72 hours.In practice, obtaining a freezing injunction alters the balance of power, frequently precipitating swift, favourable commercial settlements without the delays of a protracted trial.Pre-Action Checklist: What To Prepare Before Consulting
- Original photographic ID (Valid Passport / UKVI eVisa & Right-to-Work or Right-to-Rent Share Code) and proof of current address.
- All relevant Home Office notices, decision/refusal letters, or Court claim forms received.
- Full chronological schedule of correspondence and bank account evidence.
- Tenancy agreements, commercial lease heads of terms, or corporate governance documentation.
Legal Disclaimer: This publication is provided for general information purposes only under the laws of England and Wales as at September 2026 and does not constitute formal legal advice or establish a solicitor-client relationship. You should always obtain specific legal advice from a regulated legal practitioner before taking or refraining from any action.
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