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  • January 27th 2016

  • Dass Solicitors Birmingham Office are moving temporarily due to an office refurbishment at Newhall Street. Read More
  • October 23rd 2013

  • Dass Solicitors will be holding a FREE seminar on HMRC’s war against the Financial Services Industry. Read More
  • August 15th 2013

  • Dass Solicitors have been instructed to deal with the confiscation proceedings in the VANTIS TAX AVOIDANCE / EVASION SCHEME case. Read More

Freezing Orders

The firm has extensive knowledge in relation to freezing orders, previously referred to as Mareva injunctions. We have acted in numerous cases involving freezing orders obtained by HMRC or liquidators appointed by HMRC.

We are also regularly instructed in applying for freezing orders on behalf of claimants, these can be on an ex parte ( in the absence of the defending party ) or on notice. We have also had reported cases in relation to freezing orders. This is a particularly specialised area of law commonly described as the “nuclear weapon” of law. It requires immediate action, the ability to mobilise an expert team at short notice and an in depth knowledge of the subject.

A common misconception of freezing orders is that it prevents a business from trading, this is far from the truth. A freezing order merely prevents the dissipation of assets until a case goes to trial and a business is free to carry out normal business activities and pay its normal ongoing expenses. Similarly, individuals can also continue to pay normal household expenses, mortgage repayments and have monthly living expenses. Furthermore, anyone served with a freezing order can have their legal expenses paid out of the frozen funds.

Anyone applying for a freezing order will have to provide a cross undertaking in damages to the court to pay damages to the defendant if the order has been incorrectly obtained. Under the terms of the freezing order a defendant must declare on oath and in writing his worldwide assets, failure to do so will be deemed by the court to be in contempt and is punishable by a custodial sentence.

Further Information


Credentials

Credentials