Search orders and freezing injunctions are the most draconian remedies available in the civil courts. The procedure for applying for and executing an order is complex and subject to special rules. However, solicitors must often move quickly, in pressured circumstances, to seek relief from the court.
This course looks at the procedural and practical issues which arise when a search order or freezing injunction is sought in civil proceedings. Following a case study, delegates will consider:
• Identifying causes of action, parties and substantive remedies;
• The criteria for obtaining a search order;
• The criteria for obtaining a freezing injunction;
• Practical considerations when planning the application;
• Making the application - procedural rules;
• The Supervising Solicitor;
• Conducting the search;
• After the search order – what happens next;
• Continuing a freezing injunction; and
• Worldwide freezing orders.
The aim of this course is to train lawyers effectively to:
• Develop a simple case theory from case analysis;
• Identify cases where it would be appropriate to seek a search or freezing order;
• Apply the criteria for granting such an order to the facts of a case;
• Become familiar with the procedural rules for obtaining a search or freezing order;
• Understand the role of the Supervising Solicitor;
• Understand the issues which may arise during the conduct of a search;
• Become familiar with the issues arising from the continuance of a freezing order; and
• Understand when a worldwide freezing order may be appropriate, and the procedure for obtaining one.