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Rethinking the scope of freezing injunctions

Rethinking the scope of freezing injunctions
Rethinking the scope of freezing injunctions
The English courts routinely preface their decisions with prominent remarks about the draconian nature of freezing injunctions, frequently described as one of the nuclear weapons in the courts’ armoury. However, the increasing number of cases involving wrongfully granted injunctions suggests that the courts may not be doing enough to protect defendants. The author advocates a modest shift of emphasis away from the traditional, one-dimensional view that freezing injunctions are solely designed as a weapon against unscrupulous defendants. Instead, the author argues that freezing injunctions should be seen as a reflection of the principle of equipage equality. The author argues that some of the key preconditions for granting freezing injunctions are overly claimant-friendly and need to be reformulated in order to ensure a level-playing field in litigation. Although there are a number of important safeguards for defendants and the courts are generally sensitive to the competing interests of the parties, it will be demonstrated that there is still some room for improvement.
383-405
Saranovic, Filip
f0855209-3f37-42db-9ee0-9442e8b3cae1
Saranovic, Filip
f0855209-3f37-42db-9ee0-9442e8b3cae1

Saranovic, Filip (2018) Rethinking the scope of freezing injunctions. Civil Justice Quarterly, 37 (3), 383-405.

Record type: Article

Abstract

The English courts routinely preface their decisions with prominent remarks about the draconian nature of freezing injunctions, frequently described as one of the nuclear weapons in the courts’ armoury. However, the increasing number of cases involving wrongfully granted injunctions suggests that the courts may not be doing enough to protect defendants. The author advocates a modest shift of emphasis away from the traditional, one-dimensional view that freezing injunctions are solely designed as a weapon against unscrupulous defendants. Instead, the author argues that freezing injunctions should be seen as a reflection of the principle of equipage equality. The author argues that some of the key preconditions for granting freezing injunctions are overly claimant-friendly and need to be reformulated in order to ensure a level-playing field in litigation. Although there are a number of important safeguards for defendants and the courts are generally sensitive to the competing interests of the parties, it will be demonstrated that there is still some room for improvement.

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Accepted/In Press date: 18 February 2018
Published date: 1 September 2018

Identifiers

Local EPrints ID: 418883
URI: http://eprints.soton.ac.uk/id/eprint/418883
PURE UUID: 7bca39c1-0d01-47ec-ba8f-63bac96189b0
ORCID for Filip Saranovic: ORCID iD orcid.org/0000-0002-7651-3836

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Date deposited: 23 Mar 2018 17:30
Last modified: 28 Oct 2023 09:28

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Contributors

Author: Filip Saranovic ORCID iD

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