It is possible for a defendant to challenge a freezing injunction – either get it dismissed or have the terms varied. Our experts have been helping individuals, companies and financiers with these complex applications since 2002. Let us help you too.
There are a number of grounds on which a freezing injunction can be challenged and at Francis Wilks & Jones we are experts at dealing with all aspects of challenging a freezing injunction.
Grounds for challenge include
- failure of the applicant to adhere to the rules of full and frank disclosure. All applicants to a freezing injunction must inform the court at the outset of any aspects of the evidence or case which may also be harmful to their case. Failure to provide full and frank disclosure of all aspects of the claim can be a ground for discharge of the freezing injunction;
- risk of dissipation. In order for a freezing injunction to be granted, the applicant needs to show the court that there is a genuine risk that the defendant will put its assets beyond the reach of the applicant. If it transpires that that risk is not as real as was made out (for example a property is not up for sale in the country) then this can be a ground for discharging the freezing injunction;
- failure to show a good arguable case. If the court is not convinced at the return date that there remains a good arguable case then the freezing injunction can be discharged.
Varying the terms of the freezing order
As most freezing injunctions at the outset are granted without any notice to a defendant, then it is often appropriate for a defendant to seek to vary the terms of a freezing order to make it more palatable in circumstances where there are no grounds to completely discharge the freezing injunction.