HomeCase studiesBlocking a freezing injunction order and the issue of any further claims against the director of a property company

Why the client needed our help

Our client, the director of a property development company under a financial investigation, was subject to an interim freezing injunction, along with his fellow director and the company itself. The proposed injunction, which was intended to prevent them from dissipating their assets, would have frozen both their liquid and real property assets (worth millions), leaving them unable to operate. They needed our help defending the application.

How we helped

We immediately set about building a robust defence, preparing witness statements and forming an argument which showed that there was no risk of the assets being dissipated or removed – and that the underlying claim was flawed.

The outcome

We succeeded in getting the application for a freezing injunction dismissed and the claim discontinued with the court noting its fundamental defects and ordering the applicant to repay our client’s costs on an indemnity basis. We then persuaded the applicant to sign a notice of discontinuance agreeing not to issue any further claims against our client. Our client was delighted and greatly relieved by these results.

Key contacts

Stephen Downie

Stephen Downie

Partner

Sue Brumby

Sue Brumby

Senior Associate

Carly Moore-Martin

Carly Moore-Martin

Senior Associate

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