The Royal Court of Guernsey has jurisdiction to grant freezing
injunctions in support of domestic and international proceedings,
both before and after judgment.
Traditionally the form of relief granted was an arrêt
conservatoire, a customary law procedure for arresting goods which
is now little-used but which nevertheless does retain some
practical applications. For most purposes, particularly where the
assets to be protected are intangible (cash balances, shares,
financial instruments, etc.), freezing injunctions on the English
Mareva model now represent the primary interim remedy in civil
litigation.
Guernsey freezing injunctions operate in personam: i.e. as an
order compelling the respondent to refrain from disposing of
property which is punishable as contempt of court if it is
disobeyed. They do not operate in rem so as to create any interests
in the frozen property or to confer any priority on the applicant
as a creditor.
