There are exceptions to the rule that freezing orders may only be granted by a Master or District judge in the high court or a District judge in the county court.
Those exceptions are if the injunction is:
- in a format already agreed by the parties;
- in connection with or ancillary to a Charging order;
- in connection with or ancillary to an order appointing a Receiver by way of equitable execution; or
- in proceedings pursuant to CPR 66.7 relating to an order restraining persons from receiving sums due from the Crown.
Normally a party will seek a freezing order before a judge in the high court and there is always a high court judge available at short notice to hear emergency applications of this nature. Normally the applicant’s legal advisor will contact the court shortly before attending court to make the application and will also provide a brief time estimate of how long it believes the application will take.
In extreme cases of urgency it is even possible to obtain an injunction by telephone with the judge, normally if the court has shut for the day. However, injunctions obtained in this manner are highly unusual.
Our team of freezing order solicitors at Francis Wilks & Jones are the best in the country. Whatever your enquiry, we can help you. Our advice is fast, effective and cost effective.