2 - Historical Foundations of Freezing Injunctions

Summary

This chapter critically analyses the origins of the modern freezing injunction. The analysis is not limited to the landmark cases in 1975, Karageorgis and Mareva, covered in detail in this chapter. It argues that an important part of the historical foundations of freezing injunctions is the original exception to the general rule: the proprietary freezing injunction. Understanding the nature of the proprietary freezing injunction is crucial in order to assess the legitimacy of extending the scope of the exception to non-proprietary claims in 1975. The chapter recognises that there is now an important new category of freezing injunction, the so-called Chabra injunction against third parties. A detailed analysis of the scope of Chabra injunctions reveals serious concerns about a level playing field in litigation.