A freezing order explained

A freezing order is a type of interim injunction granted by the courts

• a freezing order is often granted without any notice to a defendant. The reason is that the applicant does not want to tip the defendant off that they are concerned that they might be moving their assets out of the jurisdiction. Obviously, if they became aware of the freezing order application in advance, they could remove any assets before they application is made to court;
• once the freezing order is granted and served, the defendant must read it carefully and comply with the terms of the freezing order. Failure to do so can mean possible imprisonment for contempt of court;
• a freezing order is initially granted for a short period of time (7-14 days) following which all the parties are entitled to return to court on what is called the return date. At the return date hearing, the court will determine whether the freezing order is to continue, whether it is to be varied or whether it is to be discharged.

What is meant by “freeze”?

A freezing order does not “freeze” assets in the sense most people think – i.e. put an absolute block on assets being dealt with. The order attaches to the person rather than the assets themselves. The order is designed to “persuade” a person or company from dealing or disposing or otherwise diminishing the value of its assets.

If that person or company acts in contravention of the order and disposes of the assets in breach of the order, they can be held in contempt of court and the relevant individuals acting in breach of the order sent to prison. It is therefore a very serious type of order and the threat of imprisonment is usually enough for people to obey the order.

Our team of freezing injunction solicitors at Francis Wilks & Jones are among the best in the country. Whatever your enquiry on freezing orders, we can help you. We understand the importance of immediate professional help in freezing injunction situations. Contact one of our team today.