The team at Francis Wilks & Jones is highly experienced in freezing order and fraud claims. Whether you are a claimant, defendant or a third party in such proceedings, they are among the most serious types of court applications that can be made. Expert advice is always recommended and our team is here to help with these important court applications.
Defending a freezing order claim
If you find yourself on the receiving end of an injunction and/or freezing order, it is vital to act quickly. These are among the most serious types of court orders in existence.
Freezing orders are accompanied by what is known as a “penal” order which means that a failure to comply with the terms of a freezing order can ultimately lead to imprisonment for contempt of court. Proper compliance is vital to avoid the consequences of breaching the freezing order.
Our expert team can assist with the following:
- reviewing the terms of the freezing order and ensuring you comply with key terms such as disclosure of documents and information
- challenging a freezing order – applying to vary or discharge / remove the freezing order
- dealing with the Return Date hearing
- ensuring you have the appropriate level of living expenses
- making sure you are able to access funds to pay legal expenses to defend the claim
- making sure you don’t breach the freezing order and find yourself in contempt of court;
- dealing with banks who might have wrongly frozen your company or personal bank account
- dealing with settlement negotiations
- fighting the substantive claim against you and proceeding to full trial if the claim cannot be resolved prior to that
- dealing with co defendants and third parties
- reducing the value of the freezing order
- helping you obtain permission to sell specific assets caught under the terms of the freezing order
- advising you on any trading difficulties you might inadvertently experience
Whatever your situation, our team can help. We have acted for many companies and individuals on the receiving end of these powerful court orders. Our team are experts in quick, commercial and effective advice – making sure you reach the best possible solution as quickly and cost effectively as possible.
Applying for a freezing order
If you are considering obtaining an injunction or a freezing order, it is always important to take legal advice before embarking on such action. Injunctions and freezing orders are very difficult to obtain from court due to the nature of the remedy sought. Proper preparation is absolutely vital.
Our expert team can help claimants or applicants with the following areas:
- going through all the key pre-application considerations with you and making sure it is the right course of action
- proper explanation of strategy and costs before proceeding
- reviewing your substantive claim against the defendant
- proper preparation of all key affidavits and documents needed in support of the application
- providing expert assistance from recommended barristers who will be needed to produce the skeleton argument and attend court
- explaining the importance of full and frank disclosure
- dealing with the key issue of the cross undertaking in damages
- addressing the need for a worldwide freezing order and helping you obtain it
- explaining the need for speed and without notice hearings
- ensuring proper service of the freezing order and other court documents
- dealing with the Return Date and applications to vary or discharge the freezing injunction
- proceeding with the substantive claim to trial if required
- ensuring ongoing enforcement and policing of the freezing order
- making applications for contempt of court if the freezing order terms are breached
- exploring any alternatives to the freezing order remedy
If there has been wrongdoing or fraud, the ability to obtain an injunction and / or freezing order can be hugely important to protect a claimant’s position. While the courts do not grant them lightly, the benefit of obtaining an injunction and / or freezing order in the right circumstances can significantly help a business faced with fraud or wrongdoing.
Our expert team regularly obtains injunctions and freezing orders for its clients.
Acting for third parties served with freezing orders
If you are a third party who gets involved in a freezing injunction situation, it is vital to take early legal advice. Inadvertently breaching the terms of a freezing order, even if you are not a party to the actual proceedings, can have huge implications. We can provide assistance to the following people and institutions:
- individuals who are approached to provide witness statement evidence in the claim
- related companies or business who are served with the freezing order
- banks and financial institutions served with the freezing order
- ex employees
- parties who might be holding information relating to the claim
Norwich Pharmacal orders
The team at Francis Wilks & Jones is very experienced in these specialist types of orders. Norwich Pharmacal orders are used to obtain information or documentation from a third party who is not a “wrongdoer” or involved in the underlying dispute itself.
We can assist with:
- explaining exactly what a Norwich Pharmacal order is;
- obtaining a Norwich Pharmacal order;
- Norwich Pharmacal order costs;
- what to do if you have been served with a Norwich Pharmacal Order.
If you are served with these types of orders, expert legal advice is highly recommended. It is vital to understand the exact terms of the order and ensure that by complying with it, you recover any legal costs you incur in the process. Our brilliant team can assist.
Search orders are one of the most serious types of court order which can be granted. If you find yourself on the receiving end of such an order, our team can provide the quick and expert advice you need.
The team at Francis Wilks & Jones has significant experience in acting for defendants, claimant and third parties in freezing order and fraud claims. We can provide the quick and effective advice you need to reach the outcome you want. Whatever your situation, the team at Francis Wilks & Jones will be able to help you in this complex area of the law.
We were delighted by the work undertaken by FWJ together with their team of third party professionals, including their barrister and forensic investigators. Their team approach ultimately resulted in successfully obtaining judgment of $35 million which we are currently seeking to enforce against the two Defendants and others who benefitted from the fraud. We could not rate FWJ highly enough for their teamwork, dedication and legal and forensic expertise. We would highly recommend them for this type of work.The managing director of a worldwide group of companies
Banks & financial institutions
Acting in a $20m trade finance and invoice finance fraud involving a worldwide freezing injunction and claims against defendants based in England and abroad
Our client, a trade and invoice finance company which was part of a wider group of companies, had discovered a $20m hole in its...
29 Apr 2021
3 minute read