Challenging Restraint and Freezing Orders

I

The restraint or freezing of assets can have a devastating effect on a person or a business.

Quite often the investigating authority is well aware of this and may seek such orders for precisely that reason. Account Freezing Orders are often used by police forces because the bar to obtain them is low, and the applicant authority is financially incentivised to seek forfeiture without the time and expense of pursuing a criminal case to conviction in the Crown Court. As such, these powers may often be misused and are susceptible to challenge, with costs and compensation available if a challenge succeeds.

II

Similarly, Civil Recovery Proceedings may be pursued if a criminal prosecution has failed, or was never launched.

Restraint Orders are imposed on individuals or companies under criminal investigation. In all circumstances the effect can be devastating, and a successful challenge can be a significant landmark in a case, landing an early blow to the investigating authority.

III

Often those affected are advised that no challenge can be brought, or that they should "keep their powder dry" until some later, unspecified time. At Haley's we are pro-active in vindicating our clients' rights. There is often significant advantage to be gained by challenging draconian orders at an early stage of a case.