Freezing injunctions

Recognised as one of the top 250 firms in the UK

– Times Best Law Firms

A freezing injunction is a court order which prevents a party from disposing of or otherwise dealing with its assets. This is a useful tool to seek to protect assets if a party fears that another party may dispose of assets before or during court proceedings.

What is required to justify the granting of a freezing injunction?

The court has a wide discretion when considering whether to grant freezing injunctions. Several conditions must be satisfied for the court to exercise its discretion:

The English courts must have jurisdiction.
The applicant must have an underlying legal or equitable right (cause of action).
The applicant must have a good arguable case.
Sufficient assets should exist in relation to the value of the claim.
There must be a real risk that the assets will be dissipated.
The applicant must provide an undertaking to the court for damages (that they will pay any damages incurred by the respondent by virtue of the freezing order if it transpires that the order ought not to have been made).

What happens if you are served with a freezing injunction?

A freezing injunction can be catastrophic for a company or individual. They can prevent a party from using assets for general living expenses or funding legal representation.

A party served with a freezing order should seek urgent legal advice on its terms, as a failure to comply could result in committal proceedings or other sanctions.

At Brett Wilson, we can advise both applicants and respondents regarding obtaining and seeking the variation/discharge of a freezing injunction.

Case Study

Click here to read our case study “I have been served with a freezing order: what should I do?”

Request a consultation

Call 020 7183 8950 or send us a message

How do I instruct Brett Wilson?

The first step is to attend a preliminary consultation. At the consultation we will advise you on the strength of your case, talk through the relevant practical and legal issues, and set out your options. We will review relevant documentation ahead of the consultation. The consultation will help you understand your position and allow you to make an informed decision about what action to take.

•
Consultations take place in our London offices or by Teams/Zoom/telephone. We can also travel to you.
•
To request a consultation please send us an email, complete our online enquiry form or call us on 020 7183 8950.
•
Details of the cost of a consultation will be provided following your enquiry.

We regret that we are unable to review your case, consider papers or provide advice prior to a consultation or without being formally instructed. We do not offer alternative funding arrangements.