A more recent version of these Freezing Injunctions And Search Orders notes – written by City Law School students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Freezing Injunctions What is a freezing injunction?
What is the procedure for applying for a freezing injunction?
What are the requirements for the court to make an order for a freezing injunction?
What terms must be incorporated into an order for a freezing injunction?
Can a freezing order be varied or discharged, and on what grounds?
It is an interim order that restricts a party from removing assets located within the jurisdiction out of the country, or generally dealing with assets whether in the jurisdiction or not. A freezing injunction application must usually be:
? Dealt with in the High Court;
? Made to a judge sitting in private;
? Made without notice in order to be effective;
? Made before service of the claim form;
? Made with full and frank disclosure; and
? Supported by evidence within affidavits. Following an granting of a freezing injunction, a hearing must be arranged a few days later on notice with the respondent being provided with all the evidence used by the applicant. It must be 'just and convenient' to do so; and the case is (1) A cause of action justiciable in England & Wales; (2) A good arguable case - this is high than 'serious issue to be tried', but doesn't require judge believing case has better than 50% chance of success; (3) D having assets within the jurisdiction; and (4) A real risk that D will dissipate his assets before judgment can be enforced - this required solid evidence. The terms to be included can be divided into topics: Undertakings by Claimant ('C') (a) To pay damages to defendant ('D') should the injunction be found to have been incorrectly made; (b) To notify D forthwith of the terms of the order (since made without notice); (c) To pay reasonable costs and expenses of third parties ('TPs') in complying with the order; and (d) To indemnify any TPs in respect of any liability incurred as a result of the order. (e) [In cases of urgency to issue a claim form and to swear and file affidavits deposing the facts relied on by the judge.]
Assets covered by the order This may either be a: (a) General order, which covers all D's assets; (b) Maximum-sum order, which covers D's assets up to the highest amount that the case may require; and (c) Orders attached to specific assets. An application to vary or discharge a freezing injunction can be made under Part 23, either at the return on-notice hearing or at another hearing especially for the application. Grounds for variation
? Original order is more onerous to D than necessary; or
? Imposes unnecessary obligations on a third-party. Grounds for discharge o Case unsuitable for freezing injunction - one of the requirements is not made out, e.g. good arguable case; o D agrees to provide sufficient security for the claim; o Where the order was made where C did not make material disclosures; o Unfair conduct on the part of the C;
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