Justice delayed is justice denied. Occasionally it is necessary to prevent a defendant from frustrating any judgment that may be awarded in a plaintiff’s favour from dissipating or removing assets to avoid payment.
The object of a freezing order is to prevent such dissipation or removal. Chris has appeared in support of numerous freezing order applications during the last decade.
A freezing order does not affect or allow seizure of a judgment debtor’s assets, rather it restrains them from dealing with an asset in certain ways. Freezing orders act ‘in personam’ against judgment debtors, not ‘in rem’ against their assets. They do not confer any property rights.
To be effective, freezing orders are sought on a without notice basis and are subject to the same restrictions as pertain to without notice orders.