Ensuring proper service of the freezing order and all associate documents after the order has been granted at court is vitally important. Our superb team has successfully dealt with numerous service questions over the years. Let us help you too.
Proper service of court documents is vital
If a freezing order is granted, the applicant must ensure that every effort is made to effect proper service of all relevant documents on a respondent. Those documents need to be served as soon as possible and also personally on the respondent. An applicant’s solicitors will usually retain the services of a specialist process server to ensure service is carried out.
The process server will then need to produce an affidavit of service detailing the time, date and the manner of the service, together with exhibiting the documents he served on the respondent.
What documents must be served on the respondent?
An applicant will need to serve the respondent with the following documents:
- an original sealed copy of the freezing order made by the court.
- a sealed copy of the application notice.
- a copy of the affidavit in support of the application, together with any exhibits to that affidavit.
- a full note of the hearing prepared by the applicant’s solicitors.
- a sealed copy of the application notice for continuation of the freezing order and setting out the date by which the parties must return to court for the next stage of the proceedings (“the Return Date”).
- an issued claim form and particulars of claim in respect of the substantive proceedings, if issued and not yet served.
Service on other third parties
In addition to the respondent, the applicant must serve a copy of the freezing order on the following parties:-
- any other party named in the proceedings.
- any third parties who may hold assets belonging to the respondent, such as banks where accounts are held. This is vital as it reduces the risk that the respondent may seek to move monies out of the jurisdiction or beyond the applicants reach. If the bank is not on notice of the injunction, then it cannot be criticised if monies are removed from a respondent’s bank account prior to being put on notice.
Please contact one of our expert freezing injunction team for your friendly consultation. At Francis Wilks & Jones, we have all the freezing order experience required to handle any type of freezing injunction situation.