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England and Wales decisions
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High Court decision dismissing an application to discharge or vary a freezing order. The court found no material change of circumstances and no basis for extra fortification.
Tripwire South LLC v Astor International Ltd & Ors [2026] EWHC 1092 (KB) (08 May 2026)
The High Court refused to discharge or vary a freezing order, holding that the defendants showed no material change of circumstances and that the risk of dissipation remained.
The worldwide freezing injunction was discharged because the claimant failed to meet the duty of full and frank disclosure, did not fairly present material facts, and did not establish a real risk of asset dissipation. The property in question was not under the defendant's control, and the claimant's representations were misleading. The notice requirements under CPR were not properly satisfied, and the order extended beyond what was justified by the evidence.
Source excerpt
The non-disclosure regarding the LIFO tracing methodology was innocent and did not cause prejudice; the court retains discretion and it would be disproportionate to discharge the injunction. The order should be continued as there is jurisdiction and no compelling reason to set it aside.
Source excerpt
Fitrite Fencing and Decking Ltd v Ross & Anor [2026] EWHC 708 (Ch) (24 March 2026)
The High Court dismissed defendants’ applications to strike out and vary injunctions in a dispute over alleged misuse of company funds and a settlement agreement.
MHP Food UK Ltd v Sanson Foods Ltd & Ors [2026] EWHC 619 (Comm) (23 March 2026)
The High Court refused to discharge freezing and proprietary injunctions over alleged misuse of frozen chicken stock, finding a good arguable case and real risk of dissipation.
Hassankhel v Limton [2026] EWHC 714 (KB) (20 February 2026)
The High Court refused to discharge a freezing injunction, rejecting allegations of inadequate disclosure and holding that any omissions were minor and immaterial.
The applicant failed to provide credible evidence of asset dissipation sufficient to justify disclosure under CPR 25.1(1)(g); the evidence presented falls below the low bar required for jurisdictional and discretionary relief.
Source excerpt
Smithers & Anor v Persons Unknown Category 1 & Ors [2026] EWHC 207 (Comm) (23 January 2026)
The Commercial Court continued a crypto-related freezing injunction despite an innocent non-disclosure about tracing methodology, and allowed disclosure of holder identities to law enforcement.
JLA 79 Ltd v Lermer [2025] EWHC 3599 (Comm) (23 December 2025)
The High Court dismissed a without-warning worldwide freezing order application over a share sale dispute, finding no good arguable case, no real risk of dissipation, and inadequate disclosure.
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