Freezing Orders
A freezing order is a very effective way of stopping the other spouse or defendant, moving assets to avoid a claim, but there have to be good reasons not to give notice, and at Hylton-Potts we are experts in handling these applications.
An application may be made without notice
- Where there is exceptional urgency;
- Where the overriding objective is best furthered by doing so;
- With the permission of the court;
No notice is only justified where there is powerful evidence that the giving of any notice would likely lead the other side to take steps to defeat the purpose of the injunction…. cases where no notice at all can be justified are very rare indeed’.
The applicant must show by reference to clear evidence that there is an unjustified dealing with assets (which would include threats) by the respondent giving rise to the conclusion that there is a solid risk of dissipation of assets to the applicant’s prejudice. Such an unjustified dealing will normally give rise to the inference that it is done with the intention of defeating the applicant’s claim.
The evidence has to be objective facts just suspicion or anxiety. A wife might say’ My husband is a devious fellow, and I am sure he will move his money abroad ‘
That is not sufficient. She has to be able to say for example ‘He told me if I divorced him I would not get a penny because he would move his money to an overseas bank with a judge would never find it. He said this on Christmas day, after a row etc. etc.’
Hylton-Potts can give expert advice and operate highly competitive fixed fees.