Emergency freezing injunctions
Emergency freezing injunctions with PLS Solicitors
PLS Solicitors specialise in investigating and advising on injunction applications, including emergency freezing injunctions and provide sound legal and practical advice and assistance on respect of claims requiring injunctive relief.
Injunctions are orders of the court requiring a party to do (mandatory) or not do (prohibitory), a specified act. They can be interim (temporary) or permanent and are discretionary orders.
There are various types of injunction including Emergency freezing Injunctions. In some circumstances, a party to (proposed) litigation may believe that there is a serious risk that the opponent will dispose of or dissipate assets before trial, thereby prevent enforcement of any judgment that may ultimately be obtained. In order to prevent such action and preserve the assets, application can be made to the Court for a freezing (“Mareva”) injunction.
In main conditions for applying for an injunction are:
– the application is made promptly;
– the English courts have jurisdiction;
– the applicant has a good arguable case (which includes a counterclaim);
– there is a real risk that the opponent may dispose of or dissipate those assets before judgment can be enforced.
– cross undertaking as to damages.
The power to grant the injunction is discretionary and when considering, the court will apply the “balance of convenience” test and it will way up all factors, including the benefit/detriment to the parties and whether the opponent can be properly compensated in damages if wrongly granted.
An applicant for a freezing inunction must undertake to the court to pay any damages that the respondent sustains by reason of the freezing order if it later turns out that the order should not have been granted. This undertaking extends to damage suffered by any other party notified of the order. The court may require the applicant to give security or to identify assets in support of any undertaking and there must be full and frank disclosure of facts which materially affect the value of the security offered.
PLS Solicitors specialise in investigating and advising on the complex area of commercial litigation and disputes, especially emergency freezing injunctions. We offer a friendly, efficient and effective legal advice on any area of commercial litigation.
- We explain the process in plain english, no legal jargon.
- We adopt an understanding and methodical approach when dealing with each individual case.
- Our office hours are 9am to 7pm Monday – Friday and 9am to 4.30pm Saturday and Sunday
- We are fast. Because of our speed, we work as a nominated solicitor for many of the UK's largest developers.
- We have a team of 100+ staff based in the UK
- All work is carried out in-house by a member of our team.
- Between our directors we have over 100 years worth of conveyancing experience
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