There are strict rules as to which courts can grant freezing orders. Our expert team is here to help.
The court’s jurisdiction to grant a freezing order is derived from the Senior courts Act 1981 (SCA 1981). The relevant rules are contained in the Civil Procedure Rules 1998 (as amended), Part 25 and Practice Direction 25A.
A freezing order can either be granted by a judge in the high court or a Circuit judge in the county court.
There are exceptions to this rule, whereby a freezing order may be granted by a Master or District judge in the high court or a District judge in the county court, but only if the freezing order is
- in a format already agreed by the parties;
- in connection with or ancillary to a charging order;
- in connection with or ancillary to an order appointing a Receiver by way of equitable execution; or
- in proceedings pursuant to CPR 66.7 relating to an order restraining persons from receiving sums due from the Crown.
However, the most common route is to seek a freezing order before a judge in the high court and there is always a high court judge available at short notice to hear emergency applications of this nature. Often, when considering a freezing order, the legal advisor to the applicant will contact the court shortly before attending court to make the application and in so doing will provide a brief time estimate of how long he believes the application will take. Ideally it will also lodge papers in advance to enable the judge to pre-read in to at least some of the documents and papers.
Please contact one of our experts today for freezing injunction assistance. Whatever your situation call now. Don’t delay.