3PB Direct

Related legal services

If you would like to know more please have a look at the following related services pages or get in touch

A freezing injunction (also known as a freezing order) will usually contain a provision expressly allowing you the defendant to apply to discharge the order. This application should be made at the return date (normally 7-14 days after the “without notice” hearing date when the injunction was granted), and if more time is required an adjournment of the return date hearing should be sought. If you agree at the return date hearing that the order should continue, then it can only be discharged if there is a material change in circumstances. 

The grounds for discharging a freezing injunction are that the claimant does not meet the criteria for having obtained it, or they have not complied with their duty of full and frank disclosure and failed to tell the Court some material fact at the without notice hearing, which would have lead the judge to decline to make the order. 

There are tactical considerations involved in considering whether to apply to discharge. These include whether the Court is likely to simply make a new order; whether you want to be forced to set out your case at a very early stage and under time pressure; whether your resources are best deployed in making such an application; the likely impact of the order on how you are viewed by the Court; and whether the injunction is seriously hampering your ability to carry on business or conduct the litigation.


For help and advice please contact Phil Alden on 03333 231 586 or email us.

Chat to one of the 3PB team online

Call +44 (0)3333 231 586, send us an email or chat to the 3PB Direct team online:


Or complete the form below:

  • Drop files here or
    Max. file size: 10 MB, Max. files: 5.
      Please attach any supporting documents relating to your legal problem detailed above.
    • This field is for validation purposes and should be left unchanged.

    How to instruct a barrister

    Our experienced team of specially-trained clerks make instructing a 3PB Direct barrister simple. Watch our video for a step-by-step guide on how to work with us to achieve a resolution to your legal issue.

    We’ll be here every step of the way to support and guide you through the legal challenges at hand.

    play movie