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In the case of UL v BK, the court considered the proper procedure for when a party seeks a freezing order or another emergency, ex parte injunction. Freezing orders are a vital tool in preventing a wealthy party from dissipating assets, but given their severity it is vital that the court follows proper procedures.
In the initial application in UL v BK, this had not been done. The wife’s solicitors had failed to set out why it was necessary for them to come to court on an urgent basis and had disregarded all of the necessary safeguards against overzealous orders.
Mr Justice Mostyn gave a scathing judgment, confirming that applications should be made on an ex parte basis only when fully necessary, and that if possible short informal notice should always be given.
The court made it clear that in circumstances where the rules were not followed, then orders should not be made and it is likely that costs orders will be made against the applicants.
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