Defending a Freezing Injunction

Being served with a freezing injunction is one of the most serious and disruptive legal events an individual or business can face. This powerful court order freezes your assets, often without any prior warning, preventing you from accessing your bank accounts, selling property, or dealing with your finances. Its impact is immediate and severe, affecting not only your business operations but also your personal life and reputation. Defending against such an order is a legal emergency that requires an immediate, expert, and highly strategic response.

At Central Chambers Law, our senior legal consultants are experts in challenging and discharging freezing injunctions. We have a profound understanding of the strict legal duties placed on those who seek these orders and the powerful arguments that can be used to defeat them. Our function is to provide immediate, authoritative advice and to act decisively to unfreeze your assets and protect your name.

The Impact of a Freezing Injunction

A freezing injunction, or freezing order, is granted to a claimant who fears you will move or dispose of your assets to avoid paying a future court judgment. The consequences are draconian and designed to paralyse your financial affairs.

The immediate effects include:

• Frozen Bank Accounts: Your personal and business bank accounts will be frozen, preventing you from making payments or withdrawals.
• Asset Paralysis: You are forbidden from selling or dealing with any assets covered by the order, which can include property, vehicles, and shares. This can apply to assets worldwide.
• Disclosure Obligations: You will be compelled by the court to provide a detailed, sworn affidavit listing all your assets above a certain value.
• Reputational Damage: The existence of a freezing order can cause serious damage to your personal and business reputation.

The Legal Grounds for a Defence

A freezing injunction is an extreme measure. For this reason, the law places a very heavy burden on the claimant who obtained it. The initial court hearing almost always takes place without you present (a "without notice" hearing), which means the claimant has a strict duty to present all facts to the judge fairly, including those that weaken their own case. This is where many applications fail.

A defence against a freezing order focuses on proving that the claimant failed to meet the high legal standard required. Key arguments include:

• No Real Risk of Dissipation: The most critical argument is that there was no real evidence you intended to hide or move your assets to frustrate a judgment. Mere suspicion is not enough.
• Material Non-Disclosure: This is the most common reason for a freezing order to be discharged. You can defeat the injunction if you prove the claimant failed to tell the judge the full story and deliberately or accidentally omitted key facts that were helpful to your side.
• The Underlying Claim is Weak: You can argue that the claimant does not have a "good arguable case" against you, and therefore the injunction has no legal basis to support it.
• The Order is Unjust or Oppressive: Demonstrating that the harm caused to you or your business by the injunction is disproportionate to any risk faced by the claimant.

Challenging the Injunction: The Process

When you are served with a freezing order, time is of the essence. The order will specify a "return date" – a court hearing scheduled just a few days later where you have your first opportunity to challenge it.

1. Immediate Legal Action: You must contact specialist solicitors immediately. The timeframe to prepare for the return date hearing is incredibly short.
2. Urgent Evidence Gathering: Your legal team will rapidly work with you to gather evidence and prepare a detailed affidavit responding to the claimant’s allegations and highlighting the weaknesses in their case.
3. The Return Date Hearing: At this crucial hearing, your legal team will argue for the injunction to be "discharged" (cancelled entirely). They will present your evidence and cross-examine the claimant on their affidavit.
4. Applying to Vary the Order: Even if the order is not discharged immediately, you can apply to have its terms "varied." This can include increasing the amount you are allowed for living expenses and legal fees, or excluding certain business assets so your company can continue to trade.

Outcomes of Defending a Freezing Injunction

A successful defence can restore your financial freedom and begin to repair the damage caused.

• Discharge of the Order: The best outcome. The court cancels the injunction, your assets are unfrozen, and you are no longer under a duty to disclose your assets. The claimant will usually be ordered to pay your legal costs.
• Variation of the Order: The court may agree to change the terms of the injunction to make it less oppressive, allowing you to continue operating your business or access more funds.
• Security for Costs: The claimant is always required to give a "cross-undertaking in damages," which is a promise to compensate you for any losses you suffer as a result of the order if it later turns out it should not have been made.

Why Central Chambers Law Provides the Definitive Representation

Defending a freezing injunction is a high-stakes, fast-paced battle where legal expertise and tactical skill are paramount. It demands a legal team that can react instantly, master complex facts under pressure, and advocate powerfully in the High Court.

Clients trust Central Chambers Law because we provide the strategic, incisive, and highly responsive service required in this legal crisis. Our reputation is built on our ability to dismantle the claimant's case and hold them to the strict legal standards required. Our approach involves:

• Immediate Crisis Management: We provide urgent, clear-headed advice from the moment you contact us, formulating a robust strategy to challenge the order at the return date.
• Deep Expertise in Injunctive Relief: Our team has an intrinsic, technical understanding of the law on freezing injunctions and, crucially, the grounds on which they can be defeated. We are experts at identifying material non-disclosure.
• Rapid and Forensic Defence Preparation: We excel at preparing a powerful, evidence-based defence within an extremely tight timeframe, ensuring you are in the strongest possible position for the court hearing.
• Formidable High Court Advocacy: Our senior advocates are seasoned High Court litigators. We have the authority and experience to expose the flaws in the claimant's case and persuade a judge to discharge the order.

Our focused expertise means we are perfectly equipped to provide the intelligent and robust representation needed to fight and win when your assets and reputation are on the line.

Unfreeze Your Assets with Immediate Expert Advice

If you have been served with a freezing injunction, you are in a legal emergency. Every decision you make in the first few hours is critical. Do not delay.

Contact our expert litigation solicitors immediately for an urgent and confidential consultation. Taking decisive action with the right legal team is the only way to defend your position and regain control of your assets.

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