Clare Arthurs & Richard Marshall share an (almost) A-Z guide to freezing injunctions
Adequate remedy
The applicant must show why compensatory damages are not an adequate remedy.
Brace yourself
If you are the applicant, prepare for the respondent to criticise and challenge your application. If you are the respondent, prepare to do battle!
CPR 25
The Rule, and its practice direction. Have you read it recently? Read it again!
Dissipation
What evidence is there that the respondent will/not dispose of his assets?
Ex parte hearing
The court will only to agree to grant an injunction without notice if there is good reason to do so: i.e. exceptional urgency and/or evidence of dissipation.
Full and frank disclosure
The applicant must present all material elements of the case to the court, both legal and factual, whether they support or undermine the application.
Good arguable case
The minimum threshold for obtaining an injunction.
Honesty
Is definitely the best policy. Failure to comply with the duty to give full and frank disclosure throughout the life of the injunction may result in the application failing or an injunction being discharged.
