Freezing Order Solicitors
Need Immediate Advice?
Freezing Order Solicitors
When assets are at risk, swift and decisive action is crucial. At Summit Law, whether you are applying for, or defending against a freezing order, our specialist freezing order solicitors provide immediate, strategic advice and representation.
If you’re facing a situation requiring urgent legal intervention to protect your financial and commercial interests,, call us on 020 7467 3980 or complete our online enquiry form, and our freezing order lawyers will be in touch.
Specialist legal advice on freezing orders and injunctions
A freezing order prevents someone involved in an ongoing legal dispute from selling, moving, or hiding their assets. Courts use these orders to ensure a person doesn’t intentionally get rid of their wealth to avoid paying what they owe if they lose the case.
Navigating freezing orders (also called Mareva injunctions) demands experienced legal guidance to protect your financial interests throughout complex disputes. Whether assets are local or international, we tailor our advice to your circumstances and objectives.
The types of freezing orders/injunctions we advise on include:
- Domestic freezing orders: Designed to secure assets located within England and Wales.
- Worldwide freezing orders: Extending protection to assets located internationally.
- Third-party freezing orders (‘Chabra’ injunctions): Covering assets held by third parties (e.g., trusts and shell companies) on behalf of the respondent.
- Property freezing orders (PFOs): Specifically targeting real estate or property assets to prevent their disposal or alteration.
- Account freezing orders: Specifically targeting bank accounts to prevent funds from being withdrawn, transferred, or dissipated.
Advice on whether applying for a freezing order is appropriate
Freezing orders are only used in exceptional circumstances. To successfully apply for one, you must:
- Have a legitimate legal claim against the defendant.
- Prove there is a genuine risk of asset dissipation if the injunction is not granted.
The court will also consider whether granting the freezing order is fair, proportionate, and necessary. On appointment, our freezing order solicitors will quickly assess your case, providing clear, strategic advice tailored to your needs.
Applying for a freezing order
A freezing order may apply to specified assets and should not restrict wealth beyond what is necessary. If we determine a freezing order is justifiable, we will help you by:
- Preparing compelling evidence: Gathering all necessary financial and legal documentation to ensure a robust and persuasive application.
- Filing the injunction application: Crafting a proportionate and justifiable freezing order to reduce the risk of legal challenges.
- Providing persuasive representation: Effectively responding to any arguments that the freezing order may be oppressive, unnecessary, or improperly granted.
- Serving the freezing order: Efficiently delivering the injunction to the respondent, ensuring clear communication and prompt compliance.
- Navigating international enforcement: Collaborating with foreign counsel to enforce freezing orders abroad, when necessary.
- Monitoring compliance and enforcement: Proactively overseeing adherence to the freezing order and swiftly addressing any breaches.
Applying for an ex parte freezing order
In certain cases, notifying the defendant in advance might increase the risk of immediate asset dissipation. Under these circumstances, an ‘ex parte’ (without notice) freezing order may be justified. Our litigation solicitors offer strategic guidance on timing and application, ensuring meticulous preparation and evidence gathering to justify an ex parte application.
Providing a freezing order undertaking
When applying for a freezing order, you must provide a ‘cross-undertaking’ – a legal commitment to compensate the defendant for losses if the court later finds the freezing order unjustified. We carefully structure freezing orders and undertakings to protect against potential damages.
Responding to an application for a freezing order
Being served with a freezing order can significantly disrupt your life and business operations. Our freezing order lawyers act promptly to assess any claims against you, and challenge unjust or overly restrictive terms.
Where appropriate, we robustly protect your rights and minimise disruption by:
- Examining the claimant’s evidence: Identifying any weaknesses and challenging the credibility or accuracy of the presented evidence.
- Challenging the validity of the freezing order: Contesting the order where it lacks merit or was obtained without proper disclosure.
- Arguing an injunction is unnecessary or too restrictive: Demonstrating that less restrictive measures can sufficiently protect the claimant’s interests.
- Negotiating adjustments to the order: Securing modifications to overly restrictive or unnecessarily disruptive terms.
- Ensuring a robust cross-undertaking: Ensuring sufficient commitments from the claimant to cover potential losses or damages caused by an unjustified freezing order.
- Proposing alternative safeguards: Suggesting practical and fair alternatives to a freezing order, preserving your freedom to manage your assets effectively.
Advice on complying with the terms of a freezing order
Courts treat violations of freezing orders very seriously. Breaches are considered “contempt of court“, with the potential consequences including fines, assets seizure, and even imprisonment in severe cases.
Freezing order breaches can also damage credibility in ongoing legal proceedings, strengthening the claimant’s case. Failing to comply with a freezing order may also result in broader financial restrictions.
Our freezing order lawyers clearly explain your obligations, ensuring you fully understand what’s required to avoid unnecessary penalties. If you have received a freezing order, we help you to:
- Understand the scope of the freezing order.
- Avoid inadvertent breaches.
- Apply for modifications to the freezing order, if necessary.
- Respond to further court proceedings.
Varying and discharging freezing orders
A freezing order is not permanent and can be varied or discharged if successfully challenged. Common grounds include:
- A lack of proper disclosure by the claimant.
- Insufficient evidence to justify the continuation of the order.
- Changed circumstances that render the freezing order unnecessary or overly restrictive.
- Alternative measures being available to safeguard the claimant’s interests.
Our experienced freezing order solicitors thoroughly review your situation, providing persuasive arguments to vary or discharge injunctions in court. We always act swiftly to protect your personal and business interests.
Why choose our freezing order solicitors?
Here at Summit Law, we understand the urgency and complexities involved in asset-related disputes. Our experienced freezing order solicitors deliver tailored, practical strategies and personalised support, ensuring your case receives meticulous attention.
Our partner-led team offers:
- Rapid assessment: Immediate review of your circumstances, clearly identifying urgency and strategy.
- Strategic guidance: Tailored legal advice designed to protect your assets and interests – whether applying for or defending against a freezing order.
- Comprehensive evidence management: Rigorous preparation of compelling evidence and documentation to strongly support your case.
- Expert advocacy: Professional, persuasive representation in court to achieve favourable outcomes.
- Proactive compliance and enforcement: Efficiently managing compliance issues and proactively handling injunction enforcement and breaches.
Contact our freezing order lawyers today
From initial consultation through to ongoing compliance, we provide clear, straightforward communication to ensure you’re always informed and confident in our handling of your case.
For your free consultation, please call us on 020 7467 3980 or complete our online enquiry form and our freezing order solicitors will be in touch to find out more about how we can help you.
How can we help?
Our litigation lawyers are ready to help you.
Services
Meet your team
Meet the Team
How Can
We Help You?
Please fill in the form and we’ll get back to you as soon as we can
Accreditation and Honours
