Defending a freezing order

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Why you must comply with a freezing order

Freezing orders contain 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 with all the terms of the freezing order is therefore essential. Our team will help ensure that all key dates are complied with, or further time requested from the court to comply.

How we can help you

Our expert team can assist with the following defended freezing order situations:

• reviewing the terms of the freezing order and ensuring you comply with key terms set out by the Judge for disclosure of documentation and preparation of affidavit evidence setting out your assets and other information ordered by the court. 
• reviewing the evidence supplied in support of the freezing order and working quickly to decide your best strategy and tactics in the freezing order claim.
• preparing for and attending the first court hearing (known as the “return date”). This is normally 7 – 14 days from the when the Freezing Order was first granted.
• challenging the freezing order. We can either help you get the freezing order dismissed or apply to vary the terms of it to make it more palatable whilst the underlying legal claim is dealt with
• if the freezing order remains in place, we can help make sure you have the appropriate level of living expenses and/or business expenses as is required by you.
• ensuring you are able to access funds to pay legal expenses to defend the claim
• dealing with banks who might have wrongly frozen your company or personal bank account
• dealing with settlement negotiations
• fighting the underlying claim against you and if necessary, proceeding to a 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 so that you have more assets available to spend / deal with.
• 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.

If there was ever a star rating for law firms, Francis Wilks & Jones would score five stars plus. Professional and pro-active, they were able to understand my problem quickly, provide expert advice, outline a solution and put it into place with a successful outcome. I should have gone to them sooner.

A client we successfully helped