The question of whether a freezing order can be obtained against a third party is a complex one. Our team can help answer your questions.
It is possible to obtain a freezing order against a third party – but only in certain circumstances.
Freezing orders can be made against third parties against whom the claimant has no claims. This can happen when the third party appears to hold assets on behalf of a respondent (the person / company against who the freezing order was obtained against). The court’s authority stems from the old case of TSB Private Bank International SA v Chabra [1992] 2 All ER 245.
- these orders are referred to as the “Chabra Jurisdiction”. The courts will take a variety of factors in to account when considering such orders, including whether the third party respondent has a connection with the jurisdiction and the relevant assets there as well;
- in addition, freezing orders will often be served on third parties to prevent them from dealing with any transactions that may contravene the freezing order. For example, solicitors are often notified where a property asset (that could be transferred to another entity by them) is subject to a freezing order.
The freezing order / freezing injunction will have a penal notice attached to it warning any recipient that if they act in assisting the contravention of the order then they could be criminally liable.
Francis Wilks & Jones is the county’s leading firm of freezing injunction solicitors. We are experts in what we do and boast a fantastic freezing injunction team able to deal with all aspect of freezing order cases. Call now for a friendly consultation.
