Freezing Injunctions

In circumstances where an applicant has a good arguable case and there is a real risk of dissipation of assets (i.e. a risk a proposed or current defendant may move their assets to evade a claim), the Court may grant a freezing order over a defendant’s assets.

Such assets could be property, shares or bank accounts, amongst others.

As freezing injunctions have been described as a ‘draconian’ measure, the Courts are keen to ensure that the assets subject to the freezing order are no more than is necessary and that the order allows the defendant reasonable living costs, including legal costs and the ability to carry out transactions in the ordinary course of business.

Case Studies

Employee Fraud, Freezing Injunctions, Non-Party Disclosure

The one with the employee that faked fainting when fraud was discovered

Client Type - company

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Advice was provided to a nationally recognised architects practice in relation to the dishonest conduct of a senior operations and HR manager. It was alleged that the employee had been diverting money from the client’s business operations under the guise of costs for training, which was an accounting entry cover up to hide fraudulent conduct. […]

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Having argued for and successfully obtained numerous freezing orders, Tenet is experienced in tailoring such orders to meet the Court’s requirements and to reduce the risk of the order being overturned at the return hearing.

Tenet is also well placed to advise on the duties of an applicant, such as the duty of full and frank disclosure and the requirement for a cross undertaking in damages.

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