Freezing Injunctions And Search Orders Notes

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.

The terms to be included can be divided into topics:

Undertakings by Claimant (‘C’)

1. To pay damages to defendant (‘D’) should the injunction be found to have been incorrectly made;

2. To notify D forthwith of the terms of the order (since made without notice);

3. To pay reasonable costs and expenses of third parties (‘TPs’) in complying with the order; and

4. To indemnify any TPs in respect of any liability incurred as a result of the order.

5. [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:

1. General order, which covers all D’s assets;

2. Maximum-sum order, which covers D’s assets up to the highest amount that the case may require; and

3. Orders attached to specific assets.