A freezing order may be one of the most powerful tools available to a creditor in the courts of England and Wales. In simple terms, a freezing order stops a person from moving, hiding, or spending their assets, up to a set value, so that a judgment can later be enforced against them. A worldwide freezing order (WFO) extends that protection to assets anywhere in the world.
However, a freezing order is only as good as the court’s power over the person it targets. Where that person is outside England and Wales, the claimant usually needs the court’s permission to serve the application on them abroad. Permission may only be given if the claim fits within one of the “gateways” listed in paragraph 3.1 of Practice Direction 6B to the Civil Procedure Rules (PD 6B).
In Gilbert & Anor v Broadoak Private Finance Ltd [2026] EWCA Civ 1172, the Court of Appeal confirmed that none of the three gateways the claimants relied upon permitted service out for a free-standing freezing order application brought to assist the enforcement of a judgment of the courts of England and Wales. A strong case on the merits is not enough if the court has no jurisdiction over the respondent. The decision also highlights the difference between domestic and foreign judgments, as there is a gateway enabling an application for a freezing order intended to assist in the enforcement of a foreign judgment to be served abroad.