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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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