Barristers4U Legal Guides

Freezing Injunction Evidence Checklist

Freezing injunction enquiries need careful preparation because the court will expect focused evidence, urgency and a realistic order.

Core Claim Evidence

A freezing injunction is usually connected to an underlying claim. The enquiry should explain the claim and why asset preservation is said to be necessary.

• Contracts, invoices, loan documents or transaction records.
• Evidence of the amount claimed and how it is calculated.
• Correspondence admitting, denying or explaining the debt or dispute.
• Existing claim form, particulars, defence or pre-action letters.
• Any judgment, settlement agreement or order already obtained.

Asset And Risk Evidence

The request should distinguish suspicion from evidence. If the concern is that assets may be moved, identify what supports that concern.

• Known bank accounts, property, vehicles, shares or business assets.
• Evidence of transfers, withdrawals or asset sales.
• Statements, emails or conduct suggesting assets may be hidden or moved.
• Company filings, insolvency material or enforcement history.
• Why ordinary damages or later enforcement may not be enough.

Urgent Application Materials

Urgent injunction work may require draft documents and careful disclosure of facts that help and harm the application.

• The hearing date or reason an urgent hearing is needed.
• A draft order if one exists.
• A witness statement or draft evidence summary.
• Any previous applications or orders involving the same parties.
• A note of the practical effect the order would have.

Source/review note: freezing orders are specialist interim remedies. Check the current court model order, CPR provisions and duty of full and frank disclosure before publishing procedural wording.