Challenging a Freezing injunction
There are a number of grounds on which a freezing injunction can be challenged and at Francis Wilks & Jones we are experts at dealing with all aspects of challenging a freezing injunction. Such grounds include the following:
Failure of the Applicant to adhere to the rules of full and frank disclosure. All Applicants to a freezing injunction must inform the Court at the outset of any aspects of the evidence or case which may also be harmful to their case. Failure to provide full and frank disclosure of all aspects of the claim can be a ground for discharge of the freezing injunction.
Risk of dissipation. In order for a freezing injunction to be granted, the Applicant needs to show the Court that there is a genuine risk that the Defendant will put its assets beyond the reach of the Applicant. If it transpires that that risk is not as real as was made out (for example a property is not up for sale in the country) then this can be a ground for discharging the freezing injunction.
Failure to show a good arguable case. If the Court is not convinced at the return date that there remains a good arguable case then the freezing injunction can be discharged.
Otherwise, a freezing injunction can be varied in its terms, either by consent or following an application at the return date. As most freezing injunctions at the outset are granted without any notice to a Defendant, then it is often appropriate for a Defendant to seek to vary the terms of a freezing injunction to make it more palatable in circumstances where there are no grounds to completely discharge the freezing injunction.
Contact the expert Freezing Injunction lawyers now
At Francis Wilks & Jones we are experts in challenging a freezing injunction and have great experience of this. Contact us now for expert Freezing Order advice.
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