It is possible for a defendant to challenge a freezing injunction – either get it dismissed or have the terms varied. Our experts have been helping individuals, companies and financiers with these complex applications since 2002. Let us help you too.
Removing a freezing injunction
If a defendant wants to apply to removed (or discharge) a freezing order, this is done by way of the following procedure:
- drafting an application notice;
- That application notice will need to be issued at court and a date will be given by the court at which the application will be heard. It is important when considering the discharge application to ensure that the time estimate is appropriate, as this will ensure that the respondent obtains sufficient time at court to have the application heard. Bearing in mind it is likely that the applicant, when served with an application to discharge the freezing order, may itself serve evidence in response and as such, sufficient time must be set aside by the court to hear the parties’ representations. Otherwise, the court may be unwilling to deal with the application in too short a time frame and adjourn the hearing for another date, which could be weeks away (with the freezing order continuing in the meantime).
- drafting a detailed freezing order affidavit (witness statement) setting out specifically the grounds upon which the respondent seeks to rely on in terms of the proposed discharge of the freezing order;
- the application and evidence (including documents to be exhibited to the evidence) will then need to be served on the other side. This will undoubtedly lead to further correspondence being exchanged. This will include service on you/your solicitors of their evidence in answer to your freezing injunction or freezing order application;
- as part of the application to discharge a freezing order, the services of a barrister / counsel will be required to represent you at the hearing and advise prior to the hearing on strategic matters and additionally any new issues raised by the other side’s evidence in answer. We would need to draft a detailed Brief outlining all matters and enclosing all documents to bring counsel up to speed to assist him/her in their preparations;
- Counsel will prepare what is called a skeleton argument which will need to be filed at court, commonly the day before the hearing. A skeleton argument is essentially a document prepared by Counsel setting out both the factual and legal aspects of the application and it is provided for the benefit of the judge hearing the Application to quickly get up to speed with the documentation which has been served. It is vitally important that the skeleton argument is prepared properly, as a well prepared skeleton argument will ensure that of a judge being brought fully up to speed prior to the application being heard.