Whether you are the applicant or a defendant - there are very important matters to be considered when dealing with freezing orders. Let our team of experts provide the help you need.
If you are considering obtaining a freezing order at court, then great care needs to be taken.
The evidential and legal grounds for granting a freezing order are very restrictive. Very good evidence needs to be put forward to the court to demonstrate amoungst other things that there is a good arguable case and that there is also a real risk that assets will be dissipated and put beyond the reach of the applicant.
A successful application for a freezing injunction needs
- preparation of detailed witness statement evidence;
- a formal application being made to the court;
- a hearing date being obtained; and
- a barrister instructed to attend court at the freezing injunction hearing.
Freezing injunctions can either be applied for without notice in advance to a defendant (which is more common) or on occasion, with notice in advance to a defendant.
General information if you have received a freezing order
If you have received a freezing injunction, it is vital that you comply with the terms of the court order and the disclosure obligations often attached to it. Failure to do so is a contempt of court and could lead to imprisonment. freezing orders or freezing injunctions are among the most serious types of court orders that could be made in England & Wales.
If served with a freezing injunction it is vital that you act quickly and comply with its terms. We would strongly recommend obtaining legal advice at that stage to ensure that also comply with
- any ancillary orders such as delivery up of documents;
- preparing a disclosure affidavit of your means and assets; and
- preparing for the freezing injunction court hearing (including the possibility of challenging the freezing order).
Failure to do any of these things can lead to significant difficulties very quickly including significant exposure to the opponent’s legal costs. Quick and early legal advice is recommended in order to mitigate the worst effects of a freezing injunction.
Whatever your circumstances, Francis Wilks & Jones are the freezing injunction experts. We have a team of lawyers able to deal with any type of freezing order situation. We also have excellent links to third parties such as freezing injunction barristers and freezing injunction investigators should you so need. Speak to us today for assistance.
