Freezing Injunctions

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 injunction is to prevent such dissipation or removal. Chris has appeared in support of several freezing order applications in the last few years.

A freezing injunction does not effect or allow seizure of a judgment debtor’s assets, it restrains them from dealing with an asset in certain ways. Freezing injunctions act ‘in personam’ against judgment debtors, not ‘in rem’ against their assets. They do not confer any property rights.

To be effective, freezing injunctions are sought on a without notice basis and are subject to the same restrictions as pertain to without notice injunctions.