The "return date" is the first court hearing which takes place after the freezing order has been granted. It is vitally important - it is often the first chance a defendant will have to present their position to the court - and perhaps try and have the order struck out or varied. Whichever side you are on - we have huge experience of return date hearings and freezing orders generally.
If a freezing order has been made without any notice or warning to a respondent, the court will always order that a further hearing take place between the parties very shortly after the order is made – this is what is known as the “Return Date”.
Timing of the return date
Normally, the return date is set 7 – 14 days from the granting of a freezing injunction and provides an opportunity for the respondent to appear at court once they have been served with the various court documentation.
- it is open to the parties to seek an adjournment of the return date by consent, particularly in circumstances where a respondent needs to prepare affidavit evidence in response (and may require more time);
- this is particularly useful if the respondent is thinking of challenging the freezing order or seeking to vary its terms;
- however, the respondent should be aware that the freezing order will continue to apply until it has been discharged by the court or other order is made.
What happens at the return date hearing?
At the full hearing, a respondent can do one of three things
- seek to have the freezing order / freezing injunction discharged;
- seek to vary the terms of the freezing order / freezing injunction;
- agree to the continuation of the freezing order / freezing injunction until trial or earlier order in the underlying substantive proceedings.
Francis Wilks & Jones is the county’s leading firm of freezing injunction solicitors. We are experts in what we do. If you need help with the freezing injunction return date at court, we can assist you. Our knowledge of the relevant freezing order law combined with our day to day experience and strength in depth makes us the No 1 choice for people looking for urgent advice.