HomeFWJ TakeawayFraud and freezing ordersDefending a freezing orderFreezing orders – a respondent’s business, legal expenses and living expenses

The question of whether a defendant has sufficient money for living and legal expenses under the terms of an order can be a very contentious one. As is the ability to keep spending on business expenses. We have advised both defendants and applicants on this issue since 2002. Let us help you too.

It is a rule that freezing orders must not be used in an oppressive or unfair way.

  • for example, a freezing order cannot be used to make life so difficult for someone that they have to stop trading their business. A company served with a freezing order / freezing injunction has the right to continue trading and make payments in the ordinary course of business – e.g. to employees and suppliers;
  • equally, a respondent (someone served with a freezing order) is entitled to payment of reasonable legal expenses in order to obtain advice with regard to the meaning of the freezing order. They cannot be prevented from spending money on legal advice in order to deal with the court documents served on them;
  • in addition, a respondent is allowed a weekly sum of money for living expenses. This is normally set at £500 a week, although, respondents often seek to vary the terms of the freezing order to increase this amount to reflect their normal weekly expenditure.

We understand the impact a freezing injunction can have on an individual. Our brilliant team of freezing injunction solicitors can help you increase your business and living expenses if you need to. We are highly experienced at varying or amending the terms of an existing freezing order. Call now us now to speak to one of our expert freezing injunction lawyers. 

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