Welcome to Francis Wilks & Jones, the country’s leading firm of Freezing Injunction Lawyers. Whatever your situation, please contact one of our Freezing injunction lawyers for your expert friendly consultation.

Freezing Injunctions

1. Mareva injunction

A Mareva injunction is another description for a freezing order or freezing injunction. The name actually comes from the original case which dealt with freezing orders / freezing injunctions called Mareva Compania Naviera SA v International Bulk Carriers SA. At Francis Wilks & Jones, whether you call it a Mareva injunction a freezing order or freezing injunction, we are the leading legal experts in this area of the law.
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2. Freezing injunction

A freezing injunction is a type of court order which prohibits or restrains someone from removing or disposing of assets whether in this country or abroad. It is a very serious type of court order and is only granted in limited circumstances by the court. A freezing injunction can be a powerful weapon for a claimant and equally, must be handled with great care if you are a defendant who has been served with a freezing injunction. Freezing injunctions are also referred to as freezing orders or Mareva injunctions. At Francis Wilks & Jones, we have the expert freezing injunction team who can help you through every aspect of this complicated and serious type of court order.
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3. Asset freeze

We are often asked about asset freeze situations and when they may apply. These are commonly requested as part of a debt recovery need and where it is suspected that the party that owes the money is looking to put its assets and money out of reach. Asset freeze situations are commonly considered in the context of freezing orders, freezing injunctions and Mareva injunctions. The team at Francis Wilks & Jones can assist you on asset freeze questions and asset freeze enquiries.
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4. Worldwide freezing order

It is possible to obtain a freezing injunction or freezing order on a worldwide basis. These types of extended freezing orders are commonly referred to as a worldwide freezing order. Ordinarily, freezing orders are limited to England and Wales when granted by the High Court but in certain circumstances, can be extended on a worldwide basis.
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5. Mareva order

A Mareva order is also known as a freezing order or freezing injunction. It is a type of order obtained from the High Court which enables an asset freeze against a Defendant in circumstances where there appears to be a risk that the Defendant will put its assets out of reach. At Francis Wilks & Jones we are experts in Mareva order applications and can assist you in these, whether you are looking to obtain one or defend one.
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6. Freezing order costs

There are various costs associated with obtaining or defending freezing orders. Freezing order costs can vary depending upon what action is needed but ultimately, they mainly boil down to a combination the solicitor time costs and third-party costs such as barristers and court fees. At Francis Wilks & Jones we have many years’ experience in freezing injunctions meaning that every minute we spend on a case is designed to maximise your prospects of success. We avoid any duplication due to our experience and our relationships with third party freezing injunction experts mean that we can find the right solution for you on the most commercial cost-effective basis.
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7. Asset freezing orders

Asset freezing orders are also commonly known as Mareva injunctions, freezing injunctions or freezing orders. The aim of an asset freezing order is to prevent a Defendant from removing his/her or its assets beyond a creditor’s reach whilst the main claim between the parties is resolved.
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8. Freezing injunction solicitors

Francis Wilks & Jones are the country’s leading freezing injunction solicitors. Freezing injunctions (or as they are otherwise known, freezing orders or Mareva injunctions) is an area of law we have specialised in for nearly two decades. We have acted for individuals, companies, banks and other financial institutions during that time, either applying for freezing injunctions or defending those who have received freezing injunctions. Our knowledge of acting for both sides in freezing injunctions gives us unique experience in this complex area of the law and enables us to provide excellent legal and commercial advice in this complicated area.
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9. Freezing order applications

Francis Wilks & Jones are the country’s leading freezing injunction solicitors. Freezing injunctions (or as they are otherwise known, freezing orders or Mareva injunctions) is an area of law we have specialised in for nearly two decades. We have acted for individuals, companies, banks and other financial institutions during that time, either applying for freezing injunctions or defending those who have received freezing injunctions. Our knowledge of acting for both sides in freezing injunctions gives us unique experience in this complex area of the law and enables us to provide excellent legal and commercial advice in this complicated area.
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10. Asset freezing order

An asset freezing order is a type of court order more commonly known as a freezing injunction or freezing order. The purpose of an asset freezing order is to try and stop an individual or company which owes money putting its assets or money out of the reach of creditors - often with a dishonest intent in mind. The rules relating to an asset freezing order are strict and obtaining one is not straightforward. However, the expert asset freezing order team at Francis Wilks & Jones can help you in this process.
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11. What is a freezing injunction?

We are commonly asked what is a freezing injunction? The simple answer is that a freezing injunction is a type of court order which seeks to restrain or stop an individual or company putting its assets out of the reach of a potential creditor. The idea behind a freezing injunction is to ensure that a defendant does not make him or herself judgment proof so that a claimant with a valid claim cannot then recover the money it is owed because it has been squirreled away beyond their reach.
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12. How to freeze someone’s assets

The question how to freeze someone’s assets is one that we are regularly asked. It is often in the context of debt recovery proceedings when there is a concern that the defendant might try and make itself judgment proof and put its assets beyond the creditor’s reach. It can in certain circumstances be possible to freeze someone’s assets, but it is not always an easy process and expert guidance is required. The freezing injunction team at Francis Wilks & Jones can help guide you through this process.
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13. Why would a business bank account be frozen?

We are often asked why would a business bank account be frozen? There can be a number of reasons although the most likely is that a winding up petition or winding up order has been issued against the company and the bank has as a result frozen the bank account. However, in certain circumstances it might be because someone has obtained a freezing injunction or freezing order against the company although these are quite unusual applications and relatively rare. Whatever the reason, the team at Francis Wilks & Jones can help you determine what has happened and work through the right remedy for you.
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14. Can HMRC freeze bank accounts?

We have often been asked can HMRC freeze bank accounts? Technically HMRC could freeze a bank account by obtaining a freezing injunction or freezing order at court. However, the more likely way in which a company’s bank account is frozen is as an indirect result of HMRC issuing a winding up petition or winding up order. When that happens, the company’s bank will find out and the bank will then put a freeze on the bank account.
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15. Freezing order

A freezing order is a type of court order prohibiting an individual, company or other legal entity from disposing of all or certain of its assets. A freezing order is also known as a freezing injunction or Mareva injunction and whilst it is a hard Court order to obtain, it can be extremely effective. Equally, if you are subject to a freezing order it is vital you take immediate legal advice to avoid breaching its terms. Breaching a freezing order can lead to imprisonment.
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16. Worldwide freezing injunction

A worldwide freezing injunction is a type of court order that can be granted by the High Court in England and Wales. Ordinarily, freezing injunctions or freezing orders are limited to England & Wales. However, in certain circumstances the order can be extended on a worldwide basis and the team at Francis Wilks & Jones are experts in dealing with worldwide freezing injunctions.
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17. Freezing injunction legal costs

Freezing injunction legal costs are something that need to be fully understood whether you are considering applying for a freezing injunction or whether you have just been served with a freezing injunction. Failure to consider freezing injunction legal costs in the context of the very draconian type of court order can quickly cause issues irrespective of whether you are a Claimant or Defendant. At Francis Wilks & Jones, freezing injunction legal costs advice is part and parcel of our overall expertise in freezing orders and freezing injunctions. Contact one of the freezing injunction team at Francis Wilks & Jones to help you through this complex area.
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18. Court order to freeze bank accounts

We are often asked to advise on “court order to freeze bank account” situations. Often creditors are keen to ensure that money they are owed by way of a debt recovery action is preserved whilst that claim is ongoing. Often, we are asked to advise whether it is possible to obtain a court order to freeze bank accounts to help ensure that the Defendant does not make itself judgment proof.
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19. Order to freeze assets

An order to freeze assets is also known as a Mareva injunction, a freezing injunction or a freezing order. Asset freeze situations are very useful in certain circumstances for a creditor but can be very stressful and difficult if you are a recipient of an order to freeze assets. Francis Wilks & Jones have many years’ experience acting both for claimants and defendants in these types of claims and our expert team at FWJ can advise you whatever the situation. Do not hesitate, contact one of our expert freezing injunction lawyers now.
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20. Freeze assets and bank accounts

The topic of freeze assets and bank accounts is one often associated with debt recovery claims and more particularly Mareva injunctions freezing injunctions and freezing orders. Often, if a party that is owed money is concerned about recovering that money, it will consider a freeze assets and bank accounts type of court order.
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21. Freeze assets meaning

There is the often asked question about “freeze assets meaning”. It often means different things to different people and there is also a misunderstanding as to the nature of any court remedy if a freezing injunction or freezing order is obtained. The expert team of Mareva injunction lawyers at Francis Wilks & Jones can help you through this complex process.
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22. Freeze assets during lawsuit

We are often asked by our foreign clients (for example those based in America) about “freeze assets during lawsuits”. It is interesting as not every country in the world has the same freezing injunction remedy that is available from the courts in England. However even if you are based abroad, you can still in certain circumstances obtain a worldwide freezing injunction in the English courts as an addition to pre-existing proceedings taking place outside of England.
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23. Injunction to freeze assets

An injunction to freeze assets can be obtained from the High Court in England and Wales in certain circumstances. The injunction to freeze assets is more commonly known as a Mareva injunction, a freezing injunction or a freezing order. It is usually associated with debt recovery claims but in fact is hard to get and does not simply apply to any situation where one party owes the other money.
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24. What is a Freezing Order?

A Freezing Order is an interim Order which restrains a person or company from moving assets out of the reach of another party such as a creditor. Freezing Orders are very serious types of court order and are not granted lightly by the courts. At Francis Wilks & Jones we have the expertise needed to help you with your Freezing Order requirements – as a Claimant, Defendant or third party.
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25. Which courts can grant a Freezing Order?

There are strict rules as to which court has the jurisdiction to grant a Freezing Order. This is because they are such serious types of court order and are not granted without great scrutiny by the courts. At Francis Wilks & Jones we have the expertise needed to help you with your Freezing Order requirements – either as a Claimant, Defendant or as a third party.
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26. Why might someone seek a Freezing Order?

There are various reasons why a company or individual might seek a Freezing Injunction. Whatever the reasons, the court will scrutinise the  application very carefully and At Francis Wilks & Jones we have the expertise needed to help you with you Freezing Order requirements either as a party looking to issue a Freezing Order application or defend a  Freezing Injunction application.
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27. When are Freezing Injunctions not available?

There are certain circumstances were Freezing Injunctions are not available at all. Whilst these are limited, it is sensible to be aware of them if you are considering the Freezing Order route. At Francis Wilks & Jones we have the expertise needed to help you with you Freezing Order requirements and ensure that if you are thinking of issuing a Freezing Order application, that it is valid.
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28. What assets may be frozen by a Freezing Order?

It is important to understand that only some types of assets can be caught by the terms of a Freezing Order. At Francis Wilks & Jones we have the expertise to help you with you with your Freezing Injunction requirements. 
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29. Can Freezing Orders attach to assets in foreign jurisdictions?

We are often asked whether Freezing Injunctions attach to assets abroad.  It is an interesting question and something which any party considering a Freezing Order might want to consider before making the application. 
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30. What value of assets will be caught by the Freezing Order?

There are three different types of Freezing Orders and the value of assets caught by the freezing injunction will depend on the type of order applied for and granted by the court. At Francis Wilks & Jones we have the expertise needed to help you with you Freezing Order requirements.
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31. What about a respondent's business, legal expenses and living expenses?

A common question on Freezing Orders is whether it prohibits someone from spending money on business, legal or living expenses. It is important to understand the limitations and restrictions placed on Freezing Orders and that they should not be abused. At Francis Wilks & Jones we can help you with this important aspect of Freezing Injunctions 
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32. Can Freezing Orders be made against third parties?

The answer to this question is that Freezing Orders can be made against non- parties but it is not a straightforward process. At Francis Wilks & Jones we can help you obtain a Freezing Order against a non-party to the proceedings. Call us now for expert Freezing Order / Freezing Injunction advice.  
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33. How long does a Freezing Order last?

When initially granted, Freezing Orders only last for a short period of time (commonly 7-14 days) but they can be extended in a number of different ways.  Equally a Freezing Injunction can be challenged by a Defendant and discharged. At Francis Wilks & Jones we can help you with any Freezing Injunction enquiries both pre and post application. 
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34. What other orders can the count make in addition to a freezing injunction to help an application?

It is important to understand that it is not just the Freezing Order that can help a Claimant secure what they need in order to protect their position. There are other types of court orders which can be obtained at the same time and which can greatly enhance the prospects of a successful outcome. At Francis Wilks & Jones we can help you with ensuring that you make the most of your Freezing Order application to safeguard your position. 
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35. Can a person borrow money whilst subject to a Freezing Order?

We are often asked by parties considering making an application from a freezing injunction whether it will stop a person / respondent from borrowing further money. 
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36. The timing of a Freezing Order application

It is very important to fully understand the timing issues concerned with a Freezing Order application. Any unnecessary delay can badly damage your prospects of successfully obtaining a Freezing Injunction / Freezing Order from the court. At Francis Wilks & Jones we can provide you with the expert advice you need to maximise you prospects of obtaining a Freezing Injunction. 
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37. Freezing Injunction- the need for speed

It is vitally important to act quickly if you are considering applying for a Freezing Injunction. Unnecessary delay can have drastic consequence. At Francis Wilks & Jones we can provide you with the expert advice you need to maximise you prospects of obtaining a Freezing Injunction.
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38. Courts which can grant Freezing Orders

Not all courts can grant Freezing Injunctions. They can either be granted by a Judge in the High Court (either in London or one of the District Registries throughout England & Wales) or a Circuit Judge in the County Court.
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39. Documents required in order to obtain a Freezing Injunction

It is very important to ensure that you have the correct documents completed in order to obtain the Freezing order you are seeking.  Freezing Injunctions are very serious types of court order and unless your evidence is properly presented and in the right format, the court will not grant the order you are seeking. At Francis Wilks & Jones we have great experience in obtaining Freezing Orders and presenting the information to the court in the required format. 
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40. Freezing Injunctions & the affidavit evidence - 10 crucial issues to cover

Any application made for a Freezing Order must be supported by written Affidavit evidence (essentially a form of witness statement).  It is vitally important to get this evidence in the format required and ensure that the content is sufficient to enable an order to be granted. At Francis Wilks & Jones we have great experience in drafting the evidence required to obtain a Freezing Order. Contact us now for expert Freezing Injunction advice.
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41. Freezing Orders - without notice hearings explained

Freezing orders can be obtained either on an “on notice” or “without notice” basis. Most Freezing Injunctions are obtained on a without notice basis – ie without any notice to the Defendant at the time of the application. This web page sets out more detail regarding this. At Francis Wilks & Jones we have great experience of applying for an obtaining “without notice” freezing orders. Contact us now for expert advice.
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42. Service of the Freezing Order and other documents

Properly serving a Freezing Order after it has been granted is vitally important.  Failure to do so can invalidate the Freezing Injunction and cause great issues to the party who has been granted it. At Francis Wilks & Jones we fully understand the service provisions of Freezing Orders and work closely with professional process servers to ensure that this important aspect of the Freezing Injunction procedure is properly adhered to. 
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43. What to do if there are problems with serving the Freezing Injunction

If it is not possible to serve a Respondent promptly, then an Applicant should act quickly. Service of the Freezing Order is insisted on by the courts and problems must be addressed quickly. At Francis Wilks & Jones we fully understand the service provisions of Freezing Orders and what to do if there are problems with service. Call the Freezing Injunction experts now.
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44. Freezing Injunctions - the return date explained

When a Freezing Injunctions are granted without any notice to a Respondent (as is commonly the case), the court always ensures that a date is given for all parties to return to court – known as the Return Date.  Proper preparation is essential for the Return Date – if you are a Claimant or a Defendant. At Francis Wilks & Jones we can assist you with this important hearing. Contact us now.
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45. What a party must do after obtaining a Freezing Order

Obtaining the Freezing Order is the first step in a potentially long process. It is important that an Applicant who has obtained a Freezing Injunction fully understands that there are other steps to be taken.
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46. Practical steps to consider after a Freezing Order is granted 

There are a various practical steps that an applicant should consider after obtaining a Freezing Injunction. At Francis Wilks & Jones we can advise you on all aspects of Freezing Injunctions.
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47. Freezing Injunctions - dealing with the substantive claim

The grant of a Freezing Order is only the start, not the end of the claim. It is vitally important to understand that a Freezing Order cannot simply stand on its own. It is often the start of a long process and a claim in the High Court in the ordinary way must be commenced and seen through. At Francis Wilks & Jones we can advise you on the underlying proceedings both before and after the application for the Freezing Order.
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48. Freezing Injunctions - cross-undertaking in damages explained

An essential part of getting a Freezing Order is the giving of a cross under taking in damages by the Applicant. It is important the Applicant understands what this means and the financial implications of such a cross undertaking. At Francis Wilks & Jones we can advise you on cross undertakings and what they can mean to you. 
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49. Freezing Injunctions duty of full and frank disclosure

Fundamental to the Freezing Injunction process is the duty of Full and Frank Disclosure. Failure to comply with this can mean the Freezing Order being discharged with significant costs penalties. At Francis Wilks & Jones we can advise you on the duty of full and frank disclosure and the importance of this in the Freezing Injunction process. 
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50. Alternatives remedies to Freezing Orders

It is always worth considering what other remedies there are whether there are other alternative remedies that could be sought from the court which are less time consuming, costly and potentially risky. 
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51. Freezing Orders - 6 important pre application consideration

It is always important to consider in advance all aspects of the Freezing Order process. It is a serious type of court order and the work does not stop after the granting of the order. Anyone thinking of obtaining a Freezing Injunction needs to consider the time, effort, risks and financial implications of what can be a long process. At Francis Wilks & Jones we can help you evaluate your options and make the right choice.
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52. Applications to discharge a Freezing Order - 8 important considerations

It is always open to a Respondent to apply to have a Freezing Injunction discharged. There are a number of key grounds upon which an application can be made. At Francis Wilks & Jones we can assist you with these types of applications to maximise the prospects of you discharging the freezing injunction against you.
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53. The procedure for having a Freezing Order discharged

It is possible to have a Freezing Order discharged / removed. There is a specific procedure for doing this which must be followed carefully. At Francis Wilks & Jones we can assist you with this process.
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54. Timings of an application to discharge a Freezing Order

The timing of an application to discharge a Freezing Order is important to understand. Failure to adhere to the timings can make the difference between success and failure. At Francis Wilks & Jones we can assist you with this process.
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55. What the court requires to grant a Freezing Injunction 

Court’s look very closely at Freezing Injunction applications. They are by their very nature very draconian types of court order. It is important therefore to understand the court’s approach the whole question of Freezing Injunctions. Through our many years’ of experience we can advise you how best to approach your situation and the action you should take.
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56. Freezing Injunction good arguable case

In order to successfully obtain a freezing injunction an Applicant must show that it has a good arguable case. This evidential threshold is very important to understand and through our experience at Francis Wilks & Jones we can advise you whether your freezing injunction application satisfies the good arguable case requirements. 
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57. Freezing Injunction and the risk of the respondent dissipating or hiding his / her assets

In order to successfully obtain a freezing injunction an Applicant must show that there is a risk that the Respondent will dissipate (or remove out of reach), his or her assets. This is a vital part of the evidential threshold required to convince a court to grant a Freezing Injunction. At Francis Wilks & Jones we can advise you on this important aspect of obtaining a Freezing Order. 
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58. Freezing Injunction and the requirement of a cross undertaking in damages 

It is important for anyone considering applying for from a Freezing Injunction to understand that they must provide a cross undertaking in damages. This can lead to a monetary payout to a Defendant in certain circumstances. At Francis Wilks & Jones we can explain the requirements of the undertaking and what it can mean to you.
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59. Freezing Orders enforcement

Once a freezing Order has been obtained any breaches of the Freezing Injunction can be enforced. Whether you are looking to enforce the Freezing Injunction or on the receiving end of enforcement proceedings, we at Francis Wilks & Jones can help you
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60. Freezing Orders and contempt of court

The most draconian of all sanctions available to an Applicant for breach of a Freezing Order is to issue an application to have a Respondent committed to prison, or fined, for what is called Contempt of Court. We can provide the expert advice you need – if you are thinking of making an application for contempt of court or facing such an application. Call the experts now.
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61. Freezing Injunction -enforcement outside England & Wales

It is possible to enforce freezing injunctions outside England & Wales but court permission is required first. At Francis Wilks & Jones we can assist you in this complex area of the law. 
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62. A Freezing Order explained 

A freezing order is a very draconian type of court order whereby someone who believes they are owed money by another person or company wants to stop that person or company putting their assets out of reach. In order to do this, a person can apply for a freezing order. At Francis Wilks & Jones we can assist you on all types of matters relating to freezing injunctions. 
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63. How to obtain a Freezing Order 

It is important to understand that the rules relating to obtaining a freezing order are quite complex and need proper legal assistance. At Francis Wilks & Jones we can provide that freezing injunction assistance for you. 
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64. How to remove a Freezing Order

It is possible to remove a freezing order and again this is done by way of a formal court application. At Francis Wilks & Jones we have great experience of removing freezing orders for Defendants. 
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65. How long does a Freezing Order last?

We are often asked “how long does a freezing order last”? The answer is - it varies upon a number of different factors. At Francis Wilks & Jones we have the expertise needed to advise you on all aspect of freezing injunctions. 
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66. What is the purpose of freezing someone's assets?

We are often asked “what is the purpose of freezing someone’s assets”? The answers are set out in this detailed web page. At Francis Wilks & Jones we have the expertise to advise you on all aspects of freezing orders. 
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67. Varying the terms of a Freezing Order - the grounds explained

It is possible to vary the terms of a Freezing Order / Freezing Injunction although good knowledge of the grounds is essential for success. At Francis Wilks & Jones we can help you with this application and it can make a big difference to both your personal and professional life. 
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68. The procedure to vary the terms of a Freezer Order

It is possible to vary the terms of a Freezing Injunction / Freezing Order but a good understanding of the procedure is vital to your chances of success.  At Francis Wilks & Jones we can help you with this important Freezing Order application. 
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69. Varying the terms of a Freezer Order - timing consideration

There are certain timing considerations to take in to account when making an application to vary the terms of a Freezing Order or Freezing Injunction. At Francis Wilks & Jones we can help you with this important aspect of Freeing Injunctions. 
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70. Served with a Freezing Order? Ten immediate steps to take

If you find yourself on the receiving end of a Freezing Order, you must act quickly. In this webpage are 10 immediate steps you should consider taking. At Francis Wilks & Jones we can help you deal with what can be very complex and high pressure court application. Contact the Freezing Injunction experts now.
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71. Freezing Orders - the privilege against self-incrimination explained

It is frequently the case that person served with a Search Order or Freezing Injunction is compelled under ancillary disclosure orders to produce certain documents or information to the Applicant. There will also be obligations on parties in court proceedings to make standard disclosure and possible applications by opposing parties for specific disclosure against the Respondent. In this context it is important to understand the right to privilege against self-incrimination. 
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72. Obtaining information from third parties - Norwich pharmacal orders explained

It is sometimes the case that an Applicant cannot clearly identify the proper Defendant to any potential proceedings due to the lack of information available to it.  In such circumstances, it is possible for an Applicant to seek disclosure of information or documents against a non-party to the proceedings (“the Respondent”) if it can be shown that

  1. The Respondent must have been involved in or mixed up in the wrongdoing, whether innocently or not: and
  2. The Respondent is unlikely to be a party to the potential proceedings.

Such court orders are known as Norwich Pharmacal Orders. These orders can be obtained before proceedings are issued, during the course of proceedings or even after judgment has been obtained against a Defendant.
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73. Freezing Injunction skeleton argument

A freezing injunction skeleton argument is something prepared by a barrister in advance of the freezing injunction application. At Francis Wilks & Jones we work very closely with specialist barristers who can help put together a freezing injunction skeleton argument for you. 
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74. Freezing Injunction living expenses

As part of the freezing order itself, the Defendant or Respondent is always entitled to his/her reasonable living expenses. This can often become quite a contentious issue and at Francis Wilks & Jones we can assist on the issue of reasonable living expenses. 
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75. Challenging a Freezing Injunction

It is possible for a Defendant to challenge a freezing injunction either by discharging it completely or varying the terms of the freezing injunction. At Francis Wilks & Jones we are experts at challenging freezing injunctions. 
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