FSI Business

Pre-Emptive Action

The taking of proceedings promptly is sometimes not enough to ensure that either key evidence is preserved and made available from either the potential defendant or a third party; or that assets are frozen to ensure that any Judgment obtained can be enforced.  Our specialist team advises on steps that can be taken prior to proceedings when representing a prospective claimant.  We also advise on challenges that can be made by defendants and third parties to orders obtained which affect them or their assets.

Our services include:

  • injunctions restraining certain types of activity (for example, preventing disposal of an item or property or prohibiting the repeat of misbehavior)
  • freezing injunctions (which prevent disposition of assets which can include orders requiring provision of information, for example concerning the whereabouts and value of assets or an explanation as to what became of them)
  • search orders (effectively a civil search order entitling the search of premises and the recovery and preservation of property or documentation, including electronic data on computers and other electronic devices)
  • acting as Supervising Solicitors
  • injunctions compelling specified action to be taken
  • disclosure orders directed to a potential defendant or a third party with relevant documentation
  • restraint orders ancillary to a criminal investigation (including their impact on spouses and third parties)
  • remedies to aid the tracing of assets
  • asset recovery orders
  • anti-suit injunctions
  • orders for the detention, custody or preservation of property
  • declarations from the Court (for example as to construction or enforceability of contract)