Freezing injunctions and attachment orders compared – key similarities and differences
May 07, 2025
Freezing injunctions and attachment orders compared – key similarities and differencesMay 07, 2025 Whether known as "freezing injunctions/orders" (England & Wales, Hong Kong, Singapore), "pre-judgment attachments" (New York), "seizures" (Germany) or "arrestment orders" (Scotland), most jurisdictions around the world provide for a legal remedy to guard, so far as possible, against the Respondent dealing with or disposing of their assets in a way that would frustrate enforcement of a future or existing judgment. These orders fall into two broad categories. The first is attachment orders, the predominant form of the remedy in civil jurisdictions, as well as certain common law jurisdictions, such as Scotland and the US. The second is the "Mareva-style" freezing injunctions, originally a creature of the English common law,[1] but now also available in many other common law jurisdictions such as the Abu Dhabi Global Market, Australia, Canada, Dubai International Finance Centre, Ireland, Hong Kong, New Zealand, and Singapore. Further to the recent publication of our Global Guide to Freezing Orders (click here) – which provides a practical overview of freezing injunctions and their local law equivalents in more than 90 jurisdictions worldwide – we set out below some of the common similarities and differences between these two types of orders (albeit there are exceptions, which are detailed in the Guide). Common similarities:
Common differences:
For further details on particular jurisdictions, please see our Global Freezing Order Guide (click here). [1] Mareva Compania Naviera SA v International Bulk Carriers SA (The Mareva) [1980] 1 All E.R. 213. Latest Insights
Latest News
Latest Events
legal updates July 21, 2026 Lawbite: Connecting Buildings Faster: Government Eases Telecoms Controls legal updates July 21, 2026 UK Legal Latest: Key cases and updates from the Eversheds Sutherland Corpor... legal updates July 21, 2026 Legislation Day: New duty to correct tax return errors legal updates July 20, 2026 Industrials Unpacked #1: Supply Chain Contracts firm news July 10, 2026 Eversheds Sutherland advises OCBC on the landmark secondary dual listing of... client news July 10, 2026 Setting sail: Eversheds Sutherland advises senior management of D-Marin on ... client news July 09, 2026 Eversheds Sutherland advises Costello Medical on transition to employee own... firm news July 06, 2026 Countdown to Paradise begins: Eversheds Sutherland takes possession of new ... virtual Education Webinar - Disability discrimination and reasonable adjustments September 10, 2026 11:00AM - 12:00PM virtual UAE - Employment law in the Dubai International Financial Centre September 10, 2026 9.30am - 1.30pm (GMT) Virtual in-person Managing AI use in the workplace: what every UK HR team needs to know September 10, 2026 9.30am - 1.00pm (BST) London, United Kingdom virtual Education Webinar - IP commercialisation for education institutions September 16, 2026 11:00AM - 12:00PM |