OBTAINING A FREEZING ORDER
If you have a substantial claim and reason to believe the defendant may dissipate their assets before judgment, a freezing order may be the right immediate step. Obtained correctly, it locks down assets at a stroke — before the defendant knows you are coming.
These applications demand speed, precision and a thorough understanding of the court's requirements. A poorly prepared application can be refused — or granted but subsequently discharged at the return hearing, leaving the applicant exposed on the cross-undertaking in damages. Getting it right first time matters.
Simon Burn Solicitors has experience of obtaining freezing orders in the High Court and Commercial Court, and of obtaining UK freezing orders in support of foreign proceedings, including Cayman Islands Grand Court litigation.
The Legal Test
To obtain a freezing order, the applicant must satisfy the court on three grounds:
Without-Notice Applications
Most freezing orders are sought on a without-notice basis — the respondent is not told the application is being made until after the order is granted. This requires the applicant to comply with a strict duty of full and frank disclosure: all material facts, including those that might weigh against the grant of the order, must be placed before the court.
Failure to comply with this duty is the single most common ground on which freezing orders are subsequently discharged. A well-prepared application anticipates and addresses potential weaknesses in the applicant's case. We prepare without-notice applications with rigour, drafting the evidence and supporting documentation to the standard required by the Commercial Court and the Chancery Division.
Worldwide Freezing Orders
Where a defendant has assets overseas, a domestic freezing order may be insufficient. We advise on worldwide freezing orders — orders which freeze the respondent's assets globally — and on the practical steps required to give effect to them in foreign jurisdictions, including notifying overseas banks and co-ordinating with local counsel.
We have experience of obtaining UK freezing orders in support of foreign proceedings. In the Poulton Family Trust litigation (Cayman Islands Grand Court, FSD 121 of 2016), we obtained UK freezing orders in support of Grand Court trust proceedings and co-ordinated with Cayman and us throughout.
Chabra Orders —
Freezing Third Party Assets
Where a defendant has placed assets in the hands of third parties — connected companies, nominees or family members — it may be possible to extend the scope of a freezing order to those third parties under the Chabra jurisdiction (originating in TSB Private Bank International SA v Chabra [1992] 2 All ER 245). We advise on Chabra applications and the evidential threshold required.
For Solicitors —
Referrals Welcome
We accept referrals from solicitors whose clients require specialist freezing order expertise. We work collaboratively, protect your client relationship, and provide the High Court specialist capability that complex injunctive relief demands.
Instruct Us
Freezing order applications are time-critical. If you believe assets are at risk, call us today.
