Freezing Order in UK Law

Leading Cases
  • Thane Imvestments v Tomlinson
    • Court of Appeal (Civil Division)
    • 29 Julio 2003

    I have to say that, if that has become the practice, then the practice should be reconsidered. It is appropriate in each case for the court to scrutinise with care whether what is alleged to have been the dishonesty of the person against whom the order is sought in itself really justifies the inference that that person has assets which he is likely to dissipate unless restricted.

  • Nicholas Anthony Christopher Candy and Others (Appellants /Defendants) v Mark Alan Holyoake and Another (Respondents / Claimants)
    • Court of Appeal (Civil Division)
    • 28 Febrero 2017

    There must be a real risk, judged objectively, that a future judgment would not be met because of unjustifiable dissipation of assets. Solid evidence will be required to support a conclusion that relief is justified, although precisely what this entails in any given case will necessarily vary according to the individual circumstances: see e.g Gee on Commercial Injunctions (6th edition) in particular at 12–032 – 34 and 12–042 and the cases there cited.

  • HM Revenue and Customs v Egleton
    • Chancery Division
    • 19 Septiembre 2006

    First, that the time has come for the English Courts to recognise, consistently with the carefully considered conclusion of the High Court of Australia, that the jurisdiction to grant freezing orders against third parties is not rigidly restricted by the Chabrarequirement to show that, at the time when the order is sought, the third party is already holding or in control of assets beneficially owned by the defendant.

  • Flightline Ltd v Edwards and another
    • Court of Appeal (Civil Division)
    • 05 Febrero 2003

    Although Palmer v. Carey concerned contractual arrangements made between the parties out of court, in our judgment Lord Wrenbury's statement of principle applies directly to consent orders, such as the February Order and the March Order, which embody terms agreed between the parties; and also indirectly, by analogy, to other court orders.

  • Fourie v Le Roux and Others
    • House of Lords
    • 24 Enero 2007

  • National Bank Trust v Mr Ilya Yurov and Others
    • Queen's Bench Division (Commercial Court)
    • 28 Julio 2016

    As has been said many times, the purpose of a freezing order is not to provide the claimant with security but to restrain a defendant from evading justice by disposing of assets otherwise than in the ordinary course of business in a way which will have the effect of making itself judgment proof. It is that concept which is referred to by the label "risk of dissipation".

  • JSC BTA Bank v Solodchenko and Others
    • Court of Appeal (Civil Division)
    • 14 Diciembre 2010

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Books & Journal Articles
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Law Firm Commentaries
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  • Applications relating to Empty Dwelling Management Orders (EDMOs)
    • HM Courts & Tribunals Service court and tribunal forms
    Housing and planning forms including Rent Repayment Orders and Demolition Orders.
    ... ... (if applicable) by an on-line banking payment or by cheque/postal order enclosed with the application form ...   ... If you ... (g)     Is subject to a court order freezing property of the relevant proprietor ... ... ... ... ...
  • T400)
    • HM Courts & Tribunals Service court and tribunal forms
    Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.
    ... ... prohibition of a trustee, imposition of a contributory notice, an order winding up a ... scheme or an order freezing a scheme. They also hear ... ...
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