WebA freezing injunction is a powerful tool available to the English court which will only be granted when the court is persuaded that stringent tests have been satisfied. One of these tests is that any applicant applying for a freezing injunction must demonstrate there is a "real risk" of dissipation of the respondent’s assets. This real risk ... WebAug 10, 2024 · It must be just and convenient to grant the freezing order. Under section 37 of the Senior Courts Act 1981, the courts have the discretion to grant a freezing …
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WebOct 1, 2024 · Freezing injunctions are only appropriate when dealing with the latter category of defendant. The Courts will focus on whether, on the facts and circumstances of the particular case, the evidence adduced objectively demonstrates a risk of unjustified dissipation. A risk which is “theoretical” or “fanciful” will not meet that threshold. Background WebMar 30, 2024 · The court held that a notification injunction in the wide terms of the First and Second Notification Injunctions was, in effect, a modified version of a conventional freezing order, rather than a distinct type of injunction. Accordingly, the same test in relation to the risk of dissipation of assets applies, namely that there is a real risk ... cutting brick wall to install a door
Freezing injunction definition and meaning - Collins Dictionary
WebSep 5, 2024 · Not only does delay risk allowing the respondent actually to dissipate the assets before an injunction has been obtained, but (notwithstanding the comments in … WebMar 3, 2024 · It explains the differences between proprietary injunctions and freezing injunctions and sets out the test to be applied. It also describes the types of claims in which a proprietary injunction can be sought, and the circumstances in which a proprietary injunction might be varied to allow the defendant access to the assets for living and … WebA freezing order is an interlocutory injunction which restrains a defendant from disposing of, dealing with or diminishing his assets. Its primary purpose is to prevent the dissipation or concealment of assets that ... The BVI Courts have applied the test as stated by Gloster LJ in the English Court of Appeal decision in Holyoake v Candy,3 as ... cutting brick with a skill saw youtube