Where Defined Terms Go Wrong: Getting The Freezing Order Terms Right

In addition to being a key forum for the substantive resolution of fraud disputes, the English court regularly plays an important role in support of foreign proceedings. Perhaps the cornerstone of this support are the different forms of interim relief it offers to a litigant engaged in foreign proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982, including freezing orders.

Section 25 freezing orders should not be seen as identical to freezing orders made in the context of domestic proceedings. Differences between the two are subtle, but are very important, as can be seen in the recent decision of the Court of Appeal in GFH Capital v David Haigh and Others [2024] EWCA Civ 65.