The question of whether a defendant has sufficient money for living expenses under the terms of an order can be a very contentious one. We have advised both defendants and applicants on this issue since 2002. Let us help you too.
- a freezing injunction is not allowed to put a defendant under pressure in the litigation;
- the purpose of a freezing injunction is to prevent a defendant from putting assets beyond the reach of the claimant.
Therefore, freezing orders should not restrict someone who has received one from maintaining their normal living standards.
Often, a sum of £500 per week is provided for in a standard order for freezing orders living expenses. Often, this is not enough for an individual to live on or pay their reasonable living expenses including their mortgage payments etc. Therefore, it is possible at the freezing injunction return date (normally 7-14 days after an injunction is granted) to go back to court and ask for the freezing order to be varied and the freezing injunction living expenses increased.
Clear evidence is needed to increase the standard living allowance
In order for a court to be convinced of an increase, it is important to
- put forward clear affidavit (witness statement) evidence that the reasonable living expenses are inappropriate and too low;
- this is normally done by disclosure of documentation such as utility bills, mortgage statements and documents evidencing other living expenses (including bank statements and receipts) to persuade the court that the sum provided for in the original freezing injunction is insufficient.
Our team at Francis Wilks & Jones can assist you with all manner of freezing injunction enquiries, including issues relating to freezing injunction living expenses. Please contact us now for your friendly consultation.