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21 January 2022 / Stewart Hey , Simon Heatley
Issue: 7963 / Categories: Features , Commercial
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Freezing orders: policing the nuclear option (Pt 2)

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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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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