Freezing Orders In Support of County Court Proceedings

Under the County Court Remedies Regulations 1991 a County Court has no jurisdiction to grant a Freezing Injunction. However, under Article 3 of the High Court and County Court Jurisdiction Order 1991, the High Court shall have jurisdiction to hear an application for an injunction made in the course of, or in anticipation of, proceedings in a County Court.

In Schmidt v Wong the Court of Appeal gave guidance on the procedure to follow in County Court proceedings where an application is sought to the High Court for a freezing order. However, in Schmidt Buxton LJ observed that caution should be exercised before seeking such an order in modest value claims.

FREEZING ORDERS AFTER JUDGMENT IN AID OF EXECUTION

Whilst the majority of freezing orders are obtained at a very early stage, the court continues to have jurisdiction to grant it at any point in time, even after judgment. This may be an important factor after judgment, as costs are likely to be a significant additional consideration. The jurisdiction to grant a freezing order extends to support costs orders, even when the costs order is subject to a detailed assessment.

THE ENGLISH COURT AS "INTERNATIONAL POLICEMAN"

Originally, a freezing order was only obtainable in support of litigation brought within England & Wales. These days, it is often obtained in support of foreign litigation, even in cases where the primary court where the litigation is proceeding would not have a similar power to grant a freezing order (e.g. Switzerland, USA etc.).

In 2002 Moor Bick J referred to the jurisdiction as enabling the English Court to act as an "international policeman". There has, however, been some recent change in the jurisprudence with the English Court showing greater signs of reluctance to interfere.

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