Freezing Injunction Solicitors
As Featured In
In layman’s terms, a freezing injunction is a provisional measure granted by the court to prevent a party from disposing of or moving assets before a judgment has been obtained or enforced.
Our specialist freezing injunction solicitors excel at advising businesses who wish to obtain an order. We can even advise those who are subject to a freezing order. No matter which side you are on, our legal experts will help you navigate your case and provide the legal expertise required to swiftly achieve the best outcome.
To get legal advice on a freezing order, send an email to info@witansolicitors.co.uk. We will arrange an initial no-obligation consultation with our team in London, Birmingham or Northampton.
How We Can Help
Our experienced freezing injunction solicitors always provide first-class legal advice and can offer guidance on a range of matters, including:
- Applying for a freezing order
- Responding to a freezing order application
- Complying with the terms of an order
- Discharging or varying an order
- Preparing statements for the court
- Arranging the payment of debts
What Assets Can Be Covered by a Freezing Injunction?
Freezing orders have the power to restrain a variety of assets, including?:
- Bank accounts
- Property
- Land
- Vehicles
- Shares
It is possible to obtain an order in respect of assets within England and Wales and even assets located outside this jurisdiction under a worldwide freezing injunction.
How Freezing Orders Work
Generally, a freezing order is used as an interim remedy against a potential defendant before a case takes place or even during litigation. The applicant needs to show that the defendant is likely to dispose of or move their assets before the trial.
Businesses wishing to obtain a freezing injunction need to apply to the court to preserve the assets and prevent the respondent from removing them beyond their reach. Generally, injunctions are made on a ‘without notice’ basis, which means that the defendant will not be aware of the application or present at the hearing. As the defendant will not be present, claimants have a responsibility to disclose all relevant information to the court, including material that may be unfavourable to them.
To obtain a freezing order, claimants need to show:
- They have a good arguable case – Claimants need to provide sworn statements in writing that demonstrate that their case is good and arguable. If the claimant fails to do so, the court may set aside the order and ask the claimant to pay costs and substantial damages
- There is a risk of dissipation – The evidence must demonstrate that the defendant holds assets and is likely to dispose of them or move them out of the jurisdiction. Evidence may include dishonesty, fraud, threats or even the ease with which assets can be moved out of the applicant’s reach
- It is just and convenient for the court to grant the order – The court will only grant the order if it will maintain a fair balance between the parties, pending the trial
- It is an adequate remedy – The court will assess whether the payment of damages will be enough to compensate the claimant if they succeed at trial. If damages are not satisfactory, the court will assess whether the damages payable to the respondent will be adequate if they later find that the injunction had been wrongly applied
Applying for an injunction usually means that the claimant has a good chance of obtaining a satisfactory award of damages if the court rules in their favour. To ensure that this is the right legal solution for you, our legal experts will carry out a thorough investigation of the defendant’s asset holdings and their ability to pay the damages.
It is also worth noting that claimants are required to agree to compensate the defendant if the court finds that there was no legitimate reason for the freezing order. But the good news is that our knowledgeable legal professionals can help you determine whether you have a legitimate reason to apply for an injunction. What’s more, if there are any material changes in the facts, we can help you inform the court so it can decide whether to continue the injunction.
Who Can Be Subject to a Freezing Injunction?
It is worth noting that freezing orders not only affect the respondents but also any third parties that may hold assets belonging to the respondent such as banks. Third parties have a duty to not breach the order or help the respondent do so.
How Long Does A Freezing Order?
As freezing injunctions are granted without notifying the defendant, they usually last around 7 days. After this period, another hearing will be held providing the defendant with an opportunity to respond to the order. It is at this point that the court will decide whether to extend, discharge or alter the order.
Why Choose Witan Solicitors?
- 100+ Years of Combined Experience: With over a century of combined experience in our team, our injunction lawyers have the knowledge to win your case
- Proven Track Record: We have been winning cases for our clients since 2014 with a stellar success record to prove it
- Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
- Industry Experts: We believe we can always do better and we never stop learning about our field
- Multilingual Support: The Witan Solicitors team speaks over 10 languages and offers multilingual support to UK and international clients
- Injunction specialists near you: Our injunction solicitors are based in three locations across the country – London, Birmingham and Northampton
To ensure you are confident in appointing us as your legal representatives, we offer an initial, no-obligation consultation free of charge. Speak to an injunction lawyer today and find out how we can help you in your case.
Contact Us
If you are thinking of applying for a freezing injunction or you are subject to an order, send an email to info@witansolicitors.co.uk. Our team will arrange an initial, no-obligation consultation with one of our legal experts.
What does a freezing injunction do?
Also known as a freezing order, a freezing injunction temporarily prevents someone from moving or destroying assets located in England or Wales, or even in another country.
The order may relate to specific assets or all of the defendant’s assets. The maximum sum will usually be limited to the value of the claim.
It is also possible for the court to grant a freezing order against the defendant if someone in another country has commenced proceedings against them.
What assets can be frozen?
A wide range of assets can be frozen, such as bank accounts, investments, property and vehicles. However, the court will not grant an order if it is overly oppressive. For example, if the order will prevent a business from trading or impacts a person’s standard of living.
Why would I need to apply for a freezing order?
If you have started legal proceedings against someone but you believe they may try to dispose of or put their assets out of your reach, a freezing order preserves these assets if you win the judgment against them. This allows you to recover damages and costs but does not provide you with security over the assets.
How do I get a freezing order?
To get a freezing order, you need to apply to the court with a ‘without notice’ application. While the defendant will not be notified, you must disclose all relevant information to the court.
As you will be required to make legally binding promises, also known as undertakings, it is wise to seek legal advice and gather evidence to support your application. On top of this, you will have to sign a statement given under oath and ensure that your application is ‘just and convenient’.
What do I need to establish to obtain a freezing order?
To obtain a freezing order:
- You must have a legitimate and fair claim
- You must have a good arguable case
- The court must have jurisdiction
- The assets must exist
- You must prove that there is a risk of dissipation
- You must provide an undertaking in damages
How do I prove a dissipation risk?
You must show that it is likely that the defendant will dissipate or dispose of their assets to make the judgment difficult to enforce. You must also show that, unless the defendant’s assets are restrained by an injunction, there is a risk that a judgment against them will not be paid.
What is an undertaking in damages?
In simple terms, it is an agreement that you will pay any damages that the defendant or any other party notified may suffer due to the freezing order being granted if the court later decides that it should have not been granted in the first place.
When can I apply for a freezing order?
It is wise to apply for a freezing order before the main proceedings start. However, it is still possible to apply for an order after the trial has concluded until the judgment has been enforced.
When is a freezing order not available?
It is not possible to obtain a freezing order if:
- The proceedings are against the Crown
- The defendant has filed a defence or an acknowledgement of service unless the court grants permission, that is
- The proceedings are against a foreign state unless the state has provided written consent
- You wish to enforce a penal law of a foreign state
What happens if someone breaches a freezing order?
If a party breaches a freezing order, they will be held in contempt of court. In such cases, the court has the power to impose sanctions, such as imprisonment or a fine.
Qarrar Somji
Solicitor-Advocate
Qarrar qualified as a Solicitor Advocate in 2014 having previously had experience in a varying range of litigation roles.
What our customers say
Neurodiversity at Work: Tribunal Trends and Key Lessons for Employers
Neurodiversity is becoming a major focus of employment tribunal claims in the UK, with conditions such as ADHD, autism, and dyslexia being more…