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 have received an asset freeze order
If you have received an order to freeze assets, then it is very important that you take expert legal advice to ensure that you don’t make any errors in how you respond. Often, the timing requirements set out in an order to freeze assets are very strict. You have to comply with these unless you seek an extension from the court.
The expert team of asset freeze lawyers at Francis Wilks & Jones can held advise you and take you through this tricky situation and avoid many of the common pitfalls defendants face when dealing with an order to freeze assets.
Time is critical and delay can often lead to a defendant breaching an order – which can lead to contempt of court and imprisonment.
If you are applying for an asset freeze order
An order to freeze assets is possible to obtain from court under strict circumstances. It must be remembered that a court does not like to interfere with someone’s assets without very strong reasons. Therefore, if you are looking to restrict the ability of an individual, company or other legal entity to deal with its own assets, you will have to persuade the court that it is right in all of the circumstances.
An order to freeze assets (or a Mareva injunction, freezing injunction or freezing order as it is also known) can be applied for from the high court in England & Wales under certain circumstances.
Detailed affidavit evidence setting out
- the nature of the claim;
- the grounds of dispute;
- the likelihood of the defendant seeking to put its assets beyond the defendant’s reach; and
- other important evidential requirements
are needed to support a freezing order application.
There also has to be clear legal arguments set out to the court and the various tests satisfied within the existing case law. For this to happen, a freezing order barrister is required and he / she will prepare what is known as a freezing order skeleton argument setting out the relevant legal framework and case law for the court to consider. Only if the evidence and the legal argument satisfies the court will an order to freeze assets be made.
Whatever the nature of your enquiry, our assets freeze team at Francis Wilks & Jones can help you. Contact one of our friendly lawyers and we can help you quickly and efficiently.
