Welcome to Francis Wilks & Jones, the country’s leading firm of Freezing Injunction Lawyers. Whatever your situation, please contact one of our Freezing injunction lawyers for your expert friendly free consultation.

Freezing Injunctions

1. What is a Freezing Order?

A Freezing Order is an interim Order which restrains a person or company from moving assets out of the reach of another party such as a creditor. Freezing Orders are very serious types of court order and are not granted lightly by the courts. At Francis Wilks & Jones we have the expertise needed to help you with your Freezing Order requirements – as a Claimant, Defendant or third party.
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2. Which courts can grant a Freezing Order?

There are strict rules as to which court has the jurisdiction to grant a Freezing Order. This is because they are such serious types of court order and are not granted without great scrutiny by the courts. At Francis Wilks & Jones we have the expertise needed to help you with your Freezing Order requirements – either as a Claimant, Defendant or as a third party.
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3. Why might someone seek a Freezing Order?

There are various reasons why a company or individual might seek a Freezing Injunction. Whatever the reasons, the court will scrutinise the  application very carefully and At Francis Wilks & Jones we have the expertise needed to help you with you Freezing Order requirements either as a party looking to issue a Freezing Order application or defend a  Freezing Injunction application.
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4. When are Freezing Injunctions not available?

There are certain circumstances were Freezing Injunctions are not available at all. Whilst these are limited, it is sensible to be aware of them if you are considering the Freezing Order route. At Francis Wilks & Jones we have the expertise needed to help you with you Freezing Order requirements and ensure that if you are thinking of issuing a Freezing Order application, that it is valid.
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5. What assets may be frozen by a Freezing Order?

It is important to understand that only some types of assets can be caught by the terms of a Freezing Order. At Francis Wilks & Jones we have the expertise to help you with you with your Freezing Injunction requirements. 
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6. Can Freezing Orders attach to assets in foreign jurisdictions?

We are often asked whether Freezing Injunctions attach to assets abroad.  It is an interesting question and something which any party considering a Freezing Order might want to consider before making the application. 
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7. What value of assets will be caught by the Freezing Order?

There are three different types of Freezing Orders and the value of assets caught by the freezing injunction will depend on the type of order applied for and granted by the court. At Francis Wilks & Jones we have the expertise needed to help you with you Freezing Order requirements.
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8. What about a respondent's business, legal expenses and living expenses?

A common question on Freezing Orders is whether it prohibits someone from spending money on business, legal or living expenses. It is important to understand the limitations and restrictions placed on Freezing Orders and that they should not be abused. At Francis Wilks & Jones we can help you with this important aspect of Freezing Injunctions 
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9. Can Freezing Orders be made against third parties?

The answer to this question is that Freezing Orders can be made against non- parties but it is not a straightforward process. At Francis Wilks & Jones we can help you obtain a Freezing Order against a non-party to the proceedings. Call us now for expert Freezing Order / Freezing Injunction advice.  
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10. How long does a Freezing Order last?

When initially granted, Freezing Orders only last for a short period of time (commonly 7-14 days) but they can be extended in a number of different ways.  Equally a Freezing Injunction can be challenged by a Defendant and discharged. At Francis Wilks & Jones we can help you with any Freezing Injunction enquiries both pre and post application. 
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11. What other orders can the count make in addition to a freezing injunction to help an application?

It is important to understand that it is not just the Freezing Order that can help a Claimant secure what they need in order to protect their position. There are other types of court orders which can be obtained at the same time and which can greatly enhance the prospects of a successful outcome. At Francis Wilks & Jones we can help you with ensuring that you make the most of your Freezing Order application to safeguard your position. 
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12. Can a person borrow money whilst subject to a Freezing Order?

We are often asked by parties considering making an application from a freezing injunction whether it will stop a person / respondent from borrowing further money. 
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13. The timing of a Freezing Order application

It is very important to fully understand the timing issues concerned with a Freezing Order application. Any unnecessary delay can badly damage your prospects of successfully obtaining a Freezing Injunction / Freezing Order from the court. At Francis Wilks & Jones we can provide you with the expert advice you need to maximise you prospects of obtaining a Freezing Injunction. 
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14. Freezing Injunction- the need for speed

It is vitally important to act quickly if you are considering applying for a Freezing Injunction. Unnecessary delay can have drastic consequence. At Francis Wilks & Jones we can provide you with the expert advice you need to maximise you prospects of obtaining a Freezing Injunction.
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15. Courts which can grant Freezing Orders

Not all courts can grant Freezing Injunctions. They can either be granted by a Judge in the High Court (either in London or one of the District Registries throughout England & Wales) or a Circuit Judge in the County Court.
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16. Documents required in order to obtain a Freezing Injunction

It is very important to ensure that you have the correct documents completed in order to obtain the Freezing order you are seeking.  Freezing Injunctions are very serious types of court order and unless your evidence is properly presented and in the right format, the court will not grant the order you are seeking. At Francis Wilks & Jones we have great experience in obtaining Freezing Orders and presenting the information to the court in the required format. 
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17. Freezing Injunctions & the affidavit evidence - 10 crucial issues to cover

Any application made for a Freezing Order must be supported by written Affidavit evidence (essentially a form of witness statement).  It is vitally important to get this evidence in the format required and ensure that the content is sufficient to enable an order to be granted. At Francis Wilks & Jones we have great experience in drafting the evidence required to obtain a Freezing Order. Contact us now for expert Freezing Injunction advice.
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18. Freezing Orders - without notice hearings explained

Freezing orders can be obtained either on an “on notice” or “without notice” basis. Most Freezing Injunctions are obtained on a without notice basis – ie without any notice to the Defendant at the time of the application. This web page sets out more detail regarding this. At Francis Wilks & Jones we have great experience of applying for an obtaining “without notice” freezing orders. Contact us now for expert advice.
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19. Service of the Freezing Order and other documents

Properly serving a Freezing Order after it has been granted is vitally important.  Failure to do so can invalidate the Freezing Injunction and cause great issues to the party who has been granted it. At Francis Wilks & Jones we fully understand the service provisions of Freezing Orders and work closely with professional process servers to ensure that this important aspect of the Freezing Injunction procedure is properly adhered to. 
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20. What to do if there are problems with serving the Freezing Injunction

If it is not possible to serve a Respondent promptly, then an Applicant should act quickly. Service of the Freezing Order is insisted on by the courts and problems must be addressed quickly. At Francis Wilks & Jones we fully understand the service provisions of Freezing Orders and what to do if there are problems with service. Call the Freezing Injunction experts now.
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21. Freezing Injunctions - the return date explained

When a Freezing Injunctions are granted without any notice to a Respondent (as is commonly the case), the court always ensures that a date is given for all parties to return to court – known as the Return Date.  Proper preparation is essential for the Return Date – if you are a Claimant or a Defendant. At Francis Wilks & Jones we can assist you with this important hearing. Contact us now.
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22. What a party must do after obtaining a Freezing Order

Obtaining the Freezing Order is the first step in a potentially long process. It is important that an Applicant who has obtained a Freezing Injunction fully understands that there are other steps to be taken.
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23. Practical steps to consider after a Freezing Order is granted 

There are a various practical steps that an applicant should consider after obtaining a Freezing Injunction. At Francis Wilks & Jones we can advise you on all aspects of Freezing Injunctions.
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24. Freezing Injunctions - dealing with the substantive claim

The grant of a Freezing Order is only the start, not the end of the claim. It is vitally important to understand that a Freezing Order cannot simply stand on its own. It is often the start of a long process and a claim in the High Court in the ordinary way must be commenced and seen through. At Francis Wilks & Jones we can advise you on the underlying proceedings both before and after the application for the Freezing Order.
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25. Freezing Injunctions - cross-undertaking in damages explained

An essential part of getting a Freezing Order is the giving of a cross under taking in damages by the Applicant. It is important the Applicant understands what this means and the financial implications of such a cross undertaking. At Francis Wilks & Jones we can advise you on cross undertakings and what they can mean to you. 
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26. Freezing Injunctions duty of full and frank disclosure

Fundamental to the Freezing Injunction process is the duty of Full and Frank Disclosure. Failure to comply with this can mean the Freezing Order being discharged with significant costs penalties. At Francis Wilks & Jones we can advise you on the duty of full and frank disclosure and the importance of this in the Freezing Injunction process. 
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27. Alternatives remedies to Freezing Orders

It is always worth considering what other remedies there are whether there are other alternative remedies that could be sought from the court which are less time consuming, costly and potentially risky. 
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28. Freezing Orders - 6 important pre application consideration

It is always important to consider in advance all aspects of the Freezing Order process. It is a serious type of court order and the work does not stop after the granting of the order. Anyone thinking of obtaining a Freezing Injunction needs to consider the time, effort, risks and financial implications of what can be a long process. At Francis Wilks & Jones we can help you evaluate your options and make the right choice.
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29. Applications to discharge a Freezing Order - 8 important considerations

It is always open to a Respondent to apply to have a Freezing Injunction discharged. There are a number of key grounds upon which an application can be made. At Francis Wilks & Jones we can assist you with these types of applications to maximise the prospects of you discharging the freezing injunction against you.
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30. The procedure for having a Freezing Order discharged

It is possible to have a Freezing Order discharged / removed. There is a specific procedure for doing this which must be followed carefully. At Francis Wilks & Jones we can assist you with this process.
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31. Timings of an application to discharge a Freezing Order

The timing of an application to discharge a Freezing Order is important to understand. Failure to adhere to the timings can make the difference between success and failure. At Francis Wilks & Jones we can assist you with this process.
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32. What the court requires to grant a Freezing Injunction 

Court’s look very closely at Freezing Injunction applications. They are by their very nature very draconian types of court order. It is important therefore to understand the court’s approach the whole question of Freezing Injunctions. Through our many years’ of experience we can advise you how best to approach your situation and the action you should take.
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33. Freezing Injunction good arguable case

In order to successfully obtain a freezing injunction an Applicant must show that it has a good arguable case. This evidential threshold is very important to understand and through our experience at Francis Wilks & Jones we can advise you whether your freezing injunction application satisfies the good arguable case requirements. 
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34. Freezing Injunction and the risk of the respondent dissipating or hiding his / her assets

In order to successfully obtain a freezing injunction an Applicant must show that there is a risk that the Respondent will dissipate (or remove out of reach), his or her assets. This is a vital part of the evidential threshold required to convince a court to grant a Freezing Injunction. At Francis Wilks & Jones we can advise you on this important aspect of obtaining a Freezing Order. 
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35. Freezing Injunction and the requirement of a cross undertaking in damages 

It is important for anyone considering applying for from a Freezing Injunction to understand that they must provide a cross undertaking in damages. This can lead to a monetary payout to a Defendant in certain circumstances. At Francis Wilks & Jones we can explain the requirements of the undertaking and what it can mean to you.
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36. Freezing Orders enforcement

Once a freezing Order has been obtained any breaches of the Freezing Injunction can be enforced. Whether you are looking to enforce the Freezing Injunction or on the receiving end of enforcement proceedings, we at Francis Wilks & Jones can help you
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37. Freezing Orders and contempt of court

The most draconian of all sanctions available to an Applicant for breach of a Freezing Order is to issue an application to have a Respondent committed to prison, or fined, for what is called Contempt of Court. We can provide the expert advice you need – if you are thinking of making an application for contempt of court or facing such an application. Call the experts now.
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38. Freezing Injunction -enforcement outside England & Wales

It is possible to enforce freezing injunctions outside England & Wales but court permission is required first. At Francis Wilks & Jones we can assist you in this complex area of the law. 
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39. A Freezing Order explained 

A freezing order is a very draconian type of court order whereby someone who believes they are owed money by another person or company wants to stop that person or company putting their assets out of reach. In order to do this, a person can apply for a freezing order. At Francis Wilks & Jones we can assist you on all types of matters relating to freezing injunctions. 
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40. How to obtain a Freezing Order 

It is important to understand that the rules relating to obtaining a freezing order are quite complex and need proper legal assistance. At Francis Wilks & Jones we can provide that freezing injunction assistance for you. 
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41. How to remove a Freezing Order

It is possible to remove a freezing order and again this is done by way of a formal court application. At Francis Wilks & Jones we have great experience of removing freezing orders for Defendants. 
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42. How long does a Freezing Order last?

We are often asked “how long does a freezing order last”? The answer is - it varies upon a number of different factors. At Francis Wilks & Jones we have the expertise needed to advise you on all aspect of freezing injunctions. 
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43. What is the purpose of freezing someone's assets?

We are often asked “what is the purpose of freezing someone’s assets”? The answers are set out in this detailed web page. At Francis Wilks & Jones we have the expertise to advise you on all aspects of freezing orders. 
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44. Varying the terms of a Freezing Order - the grounds explained

It is possible to vary the terms of a Freezing Order / Freezing Injunction although good knowledge of the grounds is essential for success. At Francis Wilks & Jones we can help you with this application and it can make a big difference to both your personal and professional life. 
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45. The procedure to vary the terms of a Freezer Order

It is possible to vary the terms of a Freezing Injunction / Freezing Order but a good understanding of the procedure is vital to your chances of success.  At Francis Wilks & Jones we can help you with this important Freezing Order application. 
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46. Varying the terms of a Freezer Order - timing consideration

There are certain timing considerations to take in to account when making an application to vary the terms of a Freezing Order or Freezing Injunction. At Francis Wilks & Jones we can help you with this important aspect of Freeing Injunctions. 
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47. Served with a Freezing Order? Ten immediate steps to take

If you find yourself on the receiving end of a Freezing Order, you must act quickly. In this webpage are 10 immediate steps you should consider taking. At Francis Wilks & Jones we can help you deal with what can be very complex and high pressure court application. Contact the Freezing Injunction experts now.
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48. Freezing Orders - the privilege against self-incrimination explained

It is frequently the case that person served with a Search Order or Freezing Injunction is compelled under ancillary disclosure orders to produce certain documents or information to the Applicant. There will also be obligations on parties in court proceedings to make standard disclosure and possible applications by opposing parties for specific disclosure against the Respondent. In this context it is important to understand the right to privilege against self-incrimination. 
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49. Obtaining information from third parties - Norwich pharmacal orders explained

It is sometimes the case that an Applicant cannot clearly identify the proper Defendant to any potential proceedings due to the lack of information available to it.  In such circumstances, it is possible for an Applicant to seek disclosure of information or documents against a non-party to the proceedings (“the Respondent”) if it can be shown that

  1. The Respondent must have been involved in or mixed up in the wrongdoing, whether innocently or not: and
  2. The Respondent is unlikely to be a party to the potential proceedings.

Such court orders are known as Norwich Pharmacal Orders. These orders can be obtained before proceedings are issued, during the course of proceedings or even after judgment has been obtained against a Defendant.
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50. Freezing Injunction skeleton argument

A freezing injunction skeleton argument is something prepared by a barrister in advance of the freezing injunction application. At Francis Wilks & Jones we work very closely with specialist barristers who can help put together a freezing injunction skeleton argument for you. 
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51. Freezing Injunction living expenses

As part of the freezing order itself, the Defendant or Respondent is always entitled to his/her reasonable living expenses. This can often become quite a contentious issue and at Francis Wilks & Jones we can assist on the issue of reasonable living expenses. 
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52. Challenging a Freezing Injunction

It is possible for a Defendant to challenge a freezing injunction either by discharging it completely or varying the terms of the freezing injunction. At Francis Wilks & Jones we are experts at challenging freezing injunctions. 
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