Last Updated on October 18, 2025 by Tanya Janse van Rensburg
Let's have a more structured conversation about what you really should consider if you want to file for a freezing order.
I understand this might feel a bit overwhelming, and I intend to go through this step by step. Think of me as a friend who happens to have some legal knowledge.
I need to emphasize this again: you can't go to court based on a gut feeling.
The judges need to see what is called a 'good arguable case', which says to them that you have some evidence, solid proof, and legal arguments. You are not just shooting in the dark.
I mean serious proof, like contracts, emails, and bank statements. Anything that can really help your case. If your case is a bit flimsy, it is really a waste of time and money, as the court will not be pleased.
Many people don't realize that it's not enough to simply claim "they have loads of cash somewhere." Courts want you to back that statement up.
Which bank? What account? What property?
If you are applying for a domestic freezing order, those assets have to be in England and Wales.
For worldwide orders, you still need to specify the exact location in the world to be able to freeze the assets. It's like freezing a liquid you can't see. It won't work.
This is one of the most important points, and I see people get this wrong all the time. You have to demonstrate a real risk that they will conceal or dispose of their assets.
The courts do not care about hypothetical situations; they want evidence of prior illicit conduct, such as rapid asset liquidation for no apparent reason, or assets being transferred to offshore accounts.
They are not interested in the argument that "they may move their money"; there has to be proof that they are likely to do so.
The court will decide if granting your order is "just and convenient."
Given that approximately 75% of Commercial Court work involves international disputes, many freezing order applications will involve cross-border elements that add complexity to these fairness considerations.
They will consider if the order is proportionate, if it will cause undue hardship to the other party, and if there are unsuspecting third parties that will be adversely affected.
If your order will cause more harm than it is likely to prevent, you are not getting it.
This part is called a "cross-undertaking in damages," which means you are promising to pay damages if it turns out that you were wrong in requesting the order.
This is not a symbolic promise. If you lose, you will have significant financial exposure. The court wants to know that you can pay your promise.
This is something that surprises people: you have to tell the court everything relevant, even the stuff that makes your case look terrible.
It is "full and frank disclosure", and if you attempt to omit the inconvenient truths only for the court to find out later, they will dismiss your order and most likely order you to pay the costs of all the other parties.
It is not worth the trouble.
Most applications for freezing orders are made 'without notice', meaning you do not tell the other side that you are applying. But this comes with additional responsibilities.
You must justify to the court what the urgency is, and why you could not give notice, and support all of your claims with ironclad proof.
You will need to put all of this in a detailed witness statement and a draft order that shows everything you are asking the court to do.
As of April 2025, the new model freezing order format is mandatory, and you can adapt it, but you had better have a reasonable explanation for why you are adapting it.
If the order is granted, the length will be for about a week or two to start. There will be a return date, and the other side can challenge it.
You will have to plead to the court again why the order should continue. Don't think this is a formality-many orders get discharged at the return hearings if the evidence fails to hold up.
On paper, the process may look straightforward, but in reality, it is a highly complex and serious application.
Understand that if a court is making a freezing order, it is a very serious matter. You are asking to freeze that person's entire financial life.
If every requirement can be proved beyond a reasonable doubt, don't apply. You will be wasting your time, money, and most likely the other side's costs.
The court will not help build your case to the point where you have everything. If you get it right, you have a strong legal weapon. If you get it wrong, it will cost you a great deal.
