Freezing injunction where a foreign claim has not been commenced yet

CPR r 25.2(3) provides that "Where it grants an interim remedy before a claim has been commenced, the court should give directions requiring a claim to be commenced". The White Book has this note on that provision: ". In terms this rule applies where the court grants an interim remedy in support of foreign proceedings yet to be commenced (perhaps on the undertaking recited in the order that proceedings will be commenced in the foreign jurisdiction)". In this case, Spearman QC held that it is not correct to suggest that CPR r. 25.2(3) applies to claims in a foreign jurisdiction. Accordingly, where a foreign claim has not been started yet, the court will not give directions that the claim be started – instead, an undertaking should be given by the applicant.