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Freezing Orders - Top Tips & Tactics for Utilising the Ultimate Enforcement Option

Freezing Orders - Top Tips & Tactics for Utilising the Ultimate Enforcement Option

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Level
Intermediate: Requires some prior subject knowledge
CPD
1 hour
Viewership
Access for entire organisation

Introduction

Freezing orders are often referred to as the ‘nuclear option’ when it comes to debt enforcement.

Their implications can be huge, not just on the receiving party if the application is successful, but also for the applicant if they are ultimately unsuccessful.

A freezing order acts to restrain a party from dealing with or disposing of its assets, and is typically sought to preserve the respondent’s assets until a judgment can be obtained and satisfied.

While they can be a useful tool for parties who are concerned that the other party may try to avoid enforcement of a judgment, freezing orders are discretionary and, given their restrictive nature, not easily obtained.

A court will only exercise its discretion where it is just and convenient to make the order.

In addition, an applicant must demonstrate that the respondent has assets and there is a real risk of dissipation of those assets - strong evidence is required to show a risk the respondent will attempt to unjustifiably dispose of assets or move them out of reach.

The process of obtaining a freezing order can be complex and have huge repercussions on all parties involved.

For this reason, it is vital that practitioners are knowledgeable of the process and fully prepared to advise their clients on its subsequent implications.

This webinar will explore the freezing order process from start to finish, including the documentation required, the likely timescales involved, cost implications, courts’ discretion and relevant and recent case law.

It is suitable for legal professionals in the debt recovery field who are more experienced and already familiar with the freezing order process.

What You Will Learn

This webinar will cover the following:

  • What is a freezing order? (And what is it not?)
  • Pre-action considerations and requirements
  • Key skills so as to ensure success
  • The freezing order process and administrative requirements
  • The legal test, as imposed by the courts
  • Costs implications, on both parties
  • Helpful hints and tips; additional points to note and consider
  • Relevant and recent case law updates

This webinar was recorded on 28th September 2023

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