Stewart Hey & Simon Heatley return to consider some potential drafting traps for the unwary
- Key points to bear in mind when drafting the terms of a freezing order to ensure it operates as intended, particularly in the context of insolvency, criminal proceedings and cryptocurrency cases.
Part 1 of this article considered some of the checks and balances that apply when seeking access to one of the law’s most potent weapons, including the tests the applicant must satisfy, and exceptions that are commonly included in the order made by the court (see ‘Freezing orders: policing the nuclear option (Pt 1)’, NLJ, 7 & 14 January 2022, p15).
Part 2 of this article goes on to look at the impact these checks and balances have when it comes to drafting and construing the terms of the order, as well as the extent to which the applicant may make use of information disclosed by the respondent. It concludes by considering the issue in the context of the three specific areas: insolvency, criminal proceedings and the rapidly developing
