Policing and enforcing a freezing order is vital. It can make the difference between recovering your losses and not. Our brilliant team can help ensure you make the most of the freezing order you have obtained, even if it is outside the jurisdiction of England & Wales.
Courts are very mindful of the risk of oppression on a respondent where a freezing order applies overseas as well as domestically. There is a danger of the respondent having to deal with a multitude of different applications in different jurisdictions.
Therefore, freezing orders
- can only be enforced overseas with the court’s permission; and
- are not binding on third parties outside the jurisdiction until the order has been registered, recognised and enforced in the local court.
In deciding whether to grant permission, the court will consider all relevant circumstances in the case and weigh up the benefit to the applicant as against the cost and inconvenience to the respondent of having to defend proceedings in different jurisdictions.
Worldwide freezing orders
Commonly, if an applicant is seeking a worldwide freezing order, the court will consider whether to grant permission to enforce the terms of the order at the initial hearing or on the return date rather than seeking to deal with the matter at a later date as part of a separate application.
However, if there is not sufficient time to consider the implications of the enforcement of a worldwide freezing order at the time the application is made, then the applicant can return to court at a later date to seek an order from the court with regard to the enforcement of a worldwide freezing order.
Alternatives to enforcing a freezing order abroad
There are alternatives to making such an application and these include for example
- whether it is possible to commence primary proceedings in a different jurisdiction; or
- whether to seek separate freezing orders in a number of jurisdictions rather than simply deal with it on the basis of having a single worldwide freezing order granted in the English courts.
Whilst a coordinated approach with separate applications in different jurisdictions may add considerably to the initial expense of the proceedings, in the long run it may be a more viable and cheaper option than simply relying upon a worldwide freezing order granted in England Wales and then seeking to enforce that order outside the jurisdiction (which, dependent on the territory, may be very expensive on its own).
Francis Wilks & Jones is the county’s foremost firm of freezing order solicitors. We are experts in what we do including enforcement of freezing injunctions abroad. Our freezing order team is able to deal with all aspect of freezing order cases. Call now for a friendly consultation.
