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FREEZING ORDERS • ASSET PRESERVATION • URGENT RELIEF

Freezing Order Solicitors

A freezing order, also called a freezing injunction, can restrain dealings with assets while a civil claim is resolved. Whether you need urgent protection or have just been served with an order, Theodorous advises on applications, evidence, asset disclosure, return hearings, variation and discharge. Early advice matters because the restrictions and court deadlines can be immediate.

What is a freezing order or freezing injunction?

A civil freezing order (freezing injunction) is an interim court order that restricts removing, disposing of or dealing with assets where this could frustrate enforcement of a future judgment. Freezing injunctions are governed by CPR Part 25, including rules 25.12–25.14. The applicant must provide affidavit or affirmation evidence; the court assesses the underlying claim, the risk of asset dissipation and whether an order is justified. A freezing injunction does not itself decide ownership or the merits of the claim. This civil remedy is different from an account freezing order or criminal restraint order under the Proceeds of Crime Act 2002, which follow separate statutory routes.

Applications are commonly made under section 37 of the Senior Courts Act 1981 and CPR Part 25. The precise legal test and form of order depend on the case and the relief sought.

Urgency does not reduce the evidential burden.

Without-notice applications demand careful evidence and full and frank disclosure. An applicant must fairly put material points before the court, including matters that may assist the respondent. A defective application can have serious costs and discharge consequences.

For applicants

Underlying claim

The court will examine the merits of the substantive claim. Pleadings, contracts, communications and evidence should be organised before urgent relief is sought.

Risk of dissipation

Suspicion alone may not be enough. The evidence should address why there is a real risk that assets will be dealt with so as to frustrate judgment.

Asset picture

Identify the assets and value realistically. An unnecessarily broad order can create proportionality and enforcement problems.

Cross-undertaking

Applicants will usually be required to give a cross-undertaking in damages. The financial implications need to be understood before the application is made.

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For respondents

A respondent should read the order immediately and comply while taking advice. The order may require asset disclosure, restrict payments and impose obligations on third parties. Deliberate breach can amount to contempt of court.

At or before the return date, issues can include whether the original order should continue, whether the applicant satisfied the duty of full and frank disclosure, whether the risk of dissipation is evidenced, whether the order is too wide, and whether allowances are needed for ordinary living, business or legal expenses.

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Variation and discharge

An order can sometimes be varied by agreement or application. A respondent may seek access to funds for defined expenditure, release of particular assets, reduction of the frozen amount or discharge of the order altogether. The correct route depends on the wording of the order and the procedural history.

Worldwide freezing orders and third parties

Some orders extend to assets outside England and Wales and may affect banks, companies, trustees or other third parties. Cross-border enforcement raises additional legal and practical issues, and specialist overseas advice may also be required.

Frequently asked questions

Can a freezing injunction be obtained without telling the respondent first?

In genuinely urgent cases the court may hear a without-notice application. That procedure carries demanding duties, including full and frank disclosure and usually a prompt return hearing.

Does a freezing injunction give the claimant ownership of the assets?

No. It restrains dealings with assets; it does not ordinarily transfer ownership or give security over them.

Can I pay ordinary bills from a frozen account?

Only if the order permits it or the court or claimant agrees to an appropriate variation. Read the order before making payments.

What should I send you?

If an order has been served, send the sealed order, application notice, witness evidence and hearing details immediately. If you are considering applying, send the key claim documents and evidence explaining the risk to assets.

ASSETS AT RISK?

Prepare the evidence before the return date.

Whether applying or responding, early preparation can determine the practical shape of the order.

Discuss your freezing injunction