freezing injunction
C2Formal / Legal
Definition
Meaning
A court order that prevents a person or entity from moving, dissipating, or disposing of assets.
A powerful provisional remedy in common law jurisdictions, granted by a court to prevent a defendant from transferring or hiding assets before a final judgment, in order to preserve the assets to satisfy a potential claim. It is a form of interim relief.
Linguistics
Semantic Notes
The term is a compound noun. 'Freezing' here is used metaphorically to mean immobilising assets, while 'injunction' is a legal command. The term is primarily descriptive and procedural. It is often associated with high-stakes commercial litigation and asset tracing.
Dialectal Variation
British vs American Usage
Differences
The term 'freezing injunction' is the standard term in England & Wales and other Commonwealth jurisdictions. In the United States, the equivalent legal remedy is typically called a 'preliminary injunction' to freeze assets, or more specifically a 'Mareva injunction' (using the Commonwealth term), though 'asset freeze order' or 'temporary restraining order (TRO)' covering assets is common.
Connotations
In the UK, it is a well-established, specific term of art. In the US, the concept exists but is embedded within broader injunction procedures.
Frequency
High frequency in UK legal practice and journalism covering finance/law. Low frequency in general American English, where more generic terms are used.
Vocabulary
Collocations
Grammar
Valency Patterns
The court granted a freezing injunction against the defendant.The claimant applied for a freezing injunction over the overseas accounts.The injunction freezes assets up to the value of £1 million.Vocabulary
Synonyms
Strong
Neutral
Weak
Vocabulary
Antonyms
Usage
Context Usage
Business
The company obtained a freezing injunction to prevent the former director from selling the disputed shares.
Academic
The efficacy of the freezing injunction as a tool for preventing judgment evasion is a subject of ongoing legal scholarship.
Everyday
(Rare in everyday conversation) It's like a legal order that stops someone from getting rid of their money or property before a court case.
Technical
A freezing injunction is granted under Civil Procedure Rule 25.1(f) where there is a real risk of dissipation of assets which would frustrate the enforcement of a judgment.
Examples
By CEFR Level
- The court can stop someone moving their money with a special order.
- In serious fraud cases, a freezing injunction is often the first step to secure the disputed assets.
- The claimant's application for a worldwide freezing injunction was grounded on compelling evidence of the defendant's history of concealing assets in offshore jurisdictions.
Learning
Memory Aids
Mnemonic
Think of a 'freezing' injunction as legally 'freezing' someone's bank accounts and assets so they can't be moved, just like water turns to immovable ice.
Conceptual Metaphor
LAW IS PHYSICAL RESTRAINT / ASSETS ARE LIQUIDS (that can be frozen).
Watch out
Common Pitfalls
Translation Traps (for Russian speakers)
- Avoid literal translation as 'замораживающий запрет' which is not a standard legal term. The closest functional equivalent is 'судебный запрет на распоряжение активами' or 'обеспечительная мера в виде ареста имущества'.
- Do not confuse with 'injunction' (судебный запрет) alone, as it lacks the specific asset-freezing component.
Common Mistakes
- Using 'freezing injunction' in a non-legal context. *'My mum got a freezing injunction on my pocket money.' (Incorrect)
- Using it as a verb: *'The judge freezing-injuncted the accounts.' (Incorrect). The correct phrasing is 'granted an injunction'.
- Confusing it with a final order for seizure of assets.
Practice
Quiz
What is the primary purpose of a freezing injunction?
FAQ
Frequently Asked Questions
No, it is an interim (provisional) remedy. It preserves the status quo of assets until the main claim is resolved at trial or settlement.
Yes, breaching a freezing injunction is a contempt of court, which can result in fines, seizure of assets, or imprisonment.
A freezing injunction deals with preserving assets. A search order (formerly Anton Piller order) allows the claimant to enter premises to search for and preserve evidence.
Yes. The applicant must show a good arguable case and, crucially, provide solid evidence that there is a real risk the defendant will dissipate or hide the assets to avoid a future judgment.