What must be shown to the Court when applying for a freezing order?

When applying for a freezing order, it is necessary to show a prima facie case, which means that the applicant must demonstrate that there is sufficient evidence to support their claim at an initial level. This does not require proof that is incontrovertible, but rather enough evidence to suggest that if the matter were to proceed to trial, the applicant would likely succeed in establishing their case.

This is a critical requirement because freezing orders, designed to prevent a defendant from dissipating or hiding assets pending the outcome of litigation, are significant and may interfere with a party's rights. Therefore, the court must be satisfied that there is a legitimate legal basis for the claim that warrants such an intervention.

Other options, while potentially relevant in different contexts, do not capture this fundamental requirement for a freezing order. Uncontested proof of liability, for instance, is not necessary since the concern is whether the applicant has a credible case rather than proof already agreed upon. Immediate urgency might be a consideration in some circumstances, but it is not a standalone requirement for the granting of a freezing order. Similarly, proof of financial hardship is not a necessary element for obtaining such an order, as the focus remains on the potential risk of asset dissipation in the context of the established