Case No. 1663002728172935
Family Court

Case No. 1663002728172935

Fecha: 09-Nov-2022

UL v BK (Freezing Orders: Safeguards: Standard Examples) [2013] EWHC 1735

:“51.The relevant principles and safeguards may be summarised as follows:i) The court has a general power to preserve specific tangible assets in specie where they are the subject matter of the claim. Such an order does not necessarily require application of all the freezing order principles and safeguards, although it is open to the court to impose them.ii) For a freezing order in a sum of money which is capable of embracing all of the respondent's assets up to the specified figure it is essential that all the principles and safeguards are scrupulously applied.iii) Whether the application is made under the 1981 Act or the 1973 Act the applicant must show, by reference to clear evidence, an unjustified dealing with assets (which would include threats) by the respondent giving rise to the conclusion that there is a solid risk of dissipation of assets to the applicant's prejudice. Such an unjustified dealing will normally give rise to the inference that it is done with the intention to defeat the applicant's claim (and such an intention is presumed in the case of an application under the 1973 Act).iv) The evidence in support of the application must depose to clear facts. The sources of information and belief must be clearly set out.v) Where the application for a freezing order is made ex parte the applicant has to show that the matter is one of