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 June 30, 2026 EU: ESMA speech on single reporting framework and fund tokenisation rules legal updates June 30, 2026 UK government consults on reform to taxation of UK resident members of LLCs... legal updates June 30, 2026 Building Barriers – a Scottish neighbour dispute podcasts and webcasts June 29, 2026 Commercially Connected Bitesize podcast client news June 30, 2026 Eversheds Sutherland advises Warburg Pincus on investment in leading UK inf... client news June 17, 2026 Advising Trane Technologies on the acquisition of Transport-Kälte-Vertrieb ... firm news June 15, 2026 Eversheds Sutherland continues European expansion with further strategic pa... client news June 09, 2026 Eversheds Sutherland powers 12 key deals for Gresham House Energy Storage F... virtual Energy Transition Series - Project Financing BESS: Comparing the UK market ... July 08, 2026 10:00 ET | 15:00 BST | 16:00 CET virtual Education Webinar - The skilled worker route – what do you need to know and... July 15, 2026 11:00AM - 12:00PM 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 |