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FREEZING ORDERS: Wrong court, wrong time, wrong reasons

10 November 2017  

Katie Chew explains the lessons to be learnt from a decision of Mostyn J on how not to make a without notice application for a freezing order

In Tobias v Tobias [2017], Mostyn J found himself once again giving guidance on the correct procedure to be adopted for without notice (ex parte) applications in general, and specifically on an application for a freezing order, in addition to the correct use of the ‘out-of-hours’ judge. This case is a pithy reminder to practitioners considering making such applications, and serves as a warning not to do so unless there are sufficient grounds and the situation is of an emergency nature.

Additional Info

  • Case(s) Referenced:

    Tobias v Tobias [2017] EWFC 46

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