If you are considering applying for a freezing injunction, it is vital to ensure your affidavits in support of the application are properly drafted and all documents properly collated. Failure to do so can have serious consequences. Our brilliant team can help.
There are a number of documents which will need to be completed prior to attending court to obtain a freezing injunction. These are as follows
- an application notice. This is a document which will be prepared by the applicant’s legal advisers and sets out
- the name and address of the applicant and respondent,
- the nature of the application sought by the applicant; and
- confirms the basis upon which evidence is adduced.
- a draft of the freezing order.
- This is a very important document as it sets out the terms of the order sought by the applicant from the court. Commonly, these follow a standard form of wording, although they are often amended to suit the particular circumstances of an applicant’s case. For more information relating to the content of a standard freezing order and possible variations, please see our other booklets in this series.
- Often, the draft freezing order will be drafted by the applicant’s legal advisors in conjunction with the barrister retained by the applicant to attend court and seek the order.
- detailed affidavits (witness statements) in support of the application – which will exhibit all the key documents in support of the application;
- draft claim form and particulars of claim – these will need to issued at the same time the freezing injunction is obtained at court.
Other court orders sought at the same time as applying for the freezing order
In addition to the freezing injunction itself, applicants often apply for additional orders from the court (often called ancillary orders). These are additional orders which, if granted, will also be binding on the respondent. They often exist to ensure the freezing order can be effective.
Whilst these are often varied, they can include the following
- an order for cross-examination of the respondent about the nature, location and / or value of his assets;
- an order that the respondent delivery up his passport;
- an order that a Receiver be appointed over the respondent’s company;
- an order for immediate delivery up of assets or a payment into court;
- an order that the respondent’s bank and / or any other financial institution be authorised to disclose information to the applicant;
- an order for a Search order;
- an order requiring the disclosure of the identity of the third party funder;
- an order that any party who is holding assets / documents on behalf of the respondent be prevented from dealing with and / or disposing of the same.
It is vital when considering making an application for a freezing order that careful thought is given to what further orders an applicant may wish the court to make in order to fully protect its position. Failure to do so can result in the applicant not putting itself in the strongest position possible at the outset of the proceedings and it is a waste of time and legal costs if the freezing order / freezing injunction is obtained but is ineffective.
It is vital that specialist legal advice is taken as to the nature and extent of any ancillary orders which may be sought. It is often a combination of the standard form of freezing order and the appropriate ancillary orders which make it such a powerful litigation weapon at the disposal of an applicant.
Our expert team of freezing order lawyers are here to help. At Francis Wilks & Jones, we have many years’ experience dealing with many types of freezing injunction situations. We offer professional and commercial effective advice whatever side you are on.