PAVIDUS LEGAL CONSULTANCY UK

ACCOUNT FREEZING ORDERS UK

ACCOUNT FREEZING ORDERS

A freezing order is a type of Court order also known as an interim injunction. It is a very serious type of Court order and it is specifically designed to stop the subject of the Court order (often called “the Defendant” or “the Respondent”) from removing their property, money or other assets beyond the reach of the person or company applying for the order.

Courts in England & Wales do not grant freezing orders lightly. The reason for this is that Judges do not want to interfere with an individual or company’s ability to deal with its own assets. However, in certain circumstances, it is possible to obtain a freezing order or freezing injunction if the Applicant believes

there is a real risk that the Defendant will remove its assets beyond its reach (referred to as “a real risk of dissipation”),

  • the assets are currently within the jurisdiction of the UK Courts,

  • that the Claimant has a good arguable case against the Respondent, and

  • all things considered, the Court believes it is just and right to grant the order.

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