Applying for a freezing order

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• Case studies
• FWJ takeaway

How we can help

Our expert team can help Claimants with the following areas:

• reviewing your claim to make sure a freezing order is in fact the right course of action. As part of this we will consider the evidence in your favour and also other legal remedies which are available. Freezing Orders are complex pieces of litigation. It is vital to consider if they are the right course of action before you head to court.
• as part of our review, we will consider overall strategy and costs before proceeding. A freezing order cannot stand alone – so you need to be aware of the underlying proceedings which you will have to run and budget for those too.
• if we decide to proceed, we can help prepare the key affidavits and documents needed in support of the application
• we can instruct the right barristers for your claim. This is vital as they play an important role in the process and obtaining the court order.
• we can guide you through the importance of full and frank disclosure of documents and information as part of the court application. Failure to do this can lead to a freezing order being thrown out later on.
• we will advise you on the key issue of the cross undertaking in damages, what that means and whether you will have to physically pay money in to a court account in order to proceed with the claim.
• we can address the need for a worldwide freezing order and helping you obtain it if the assets you are looking to freeze are also located abroad.
• we will ensure proper service of the freezing order and other court documents. Failure to do this in accordance with the court rules can again lead to the freezing order being discharged.
• we can deal with applications by the defendant to vary the terms of the original freezing order or trying to discharge it completely. This often happens at the initial court hearing after the freezing order has been served.
• proceeding with the substantive claim to trial if required. A freezing order cannot sit in isolation and the underlying litigation claim needs to be progressed.
• We can help make sure the freezing order is properly enforced and that any breaches by the defendant of the order are dealt with by a contempt of court application for imprisonment.
• exploring any alternatives to the freezing order remedy either before or after an order is made. Freezing orders can often contain other orders added on such as disclosure of documents or other types of order. We can help ensure all the legal tools are used to maximise the claim.

Our expert team regularly obtains injunctions and freezing orders for its clients. Call now for immediate help.

We instructed Francis Wilks & Jones to take over a very complex trade finance and invoice discounting fraud which had been perpetrated against us and which had been commenced by a large City law firm with whom we had grown dissatisfied.  The case involved a claim of over $20 million and the two defendants in the claim had gone to great lengths to cover up the fraud and hide the misappropriated funds. 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