It is possible for a defendant to challenge a freezing injunction – either get it dismissed or have the terms varied. Our experts have been helping individuals, companies and financiers with these complex applications since 2002. Let us help you too.
The way to remove a freezing order (or discharge the freezing order) is to make an application to the court supported by affidavit (witness statement) evidence.
The reasons a freezing order can be removed
There are various grounds upon which a freezing order can be removed including
- a failure by the applicant to act in a speedy manner in obtaining the freezing order in the first place;
- a failure by the applicant to comply with what is known as “full and frank disclosure” i.e. putting all relevant facts before the court at the time the order was granted; or
- failure by the applicant to show a “good arguable case”.
Therefore, there are a number of areas by which any party having received a freezing order can make an application for discharge of the freezing order and have it removed.
It is up to a receiving party whether it wants to remove the freezing order. This is normally done at what is called the return date hearing. The return date is usually 7-14 days after the freezing order has been obtained by the applicant.
It is very important if someone is considering making an application to remove a freezing order that work starts on that application as soon as possible after receipt of the freezing order. This is because it needs, detailed witness statement evidence preparing in support of the freezing order and this takes time to complete.
It will also be necessary to have a barrister attend the hearing and argue the case on your behalf and at Francis Wilks & Jones we can help you with this.
Contact one of our expert freezing injunction solicitors now for your consultation. At Francis Wilks & Jones, we have dealt with many freezing order situations and can assist whatever your enquiry. We offer unrivalled professional and commercial advice on freezing injunctions.