🔍 New Insights: The Evolution of Freezing Orders in English Courts
London Partner Justin Michaelson and Of Counsel Simon Camilleri have authored a comprehensive analysis on "The new model form freezing order" in the latest edition of Global Legal Insights – Litigation & Dispute Resolution 2025.
The article examines critical amendments to the model freezing order, exploring how recent changes balance the three fundamental principles underpinning this powerful remedy:
- The strict construction principle
- The flexibility principle
- The enforcement principle
Key developments covered include:
- Enhanced clarity on living and legal expense exceptions
- New requirements for asset disclosure orders
- Refinements to ensure defendants "know where they stand"
- Important changes to how asset values must be disclosed (market value vs equity interest)
As Justin and Simon explain, these amendments reflect the courts' ongoing efforts to ensure freezing orders serve their essential purpose - preserving assets for potential enforcement, whilst providing certainty and avoiding oppressive outcomes.
For those navigating complex cross-border disputes or seeking urgent interim relief, understanding these developments is essential.
Read the full analysis in GLI – Litigation & Dispute Resolution 2025, 14th Edition here.