Guide To Freezing Orders In The British Virgin Islands

A freezing order (sometimes referred to as a freezing injunction) is an interim measure granted by a court to prevent a person from being able to dispose of or deal with their assets before a judgment has been enforced. Here, we take a closer look at the remedies available to protect assets in the British Virgin Islands, specifically around how a freezing order can be obtained, the protections involved and enforceability.

1. ARE FREEZING ORDERS (OR THEIR EQUIVALENT REFERRED TO BELOW) AVAILABLE IN CIVIL LEGAL PROCEEDINGS IN THIS JURISDICTION AND WHAT IS THEIR EFFECT?

Yes. A freezing order will restrain a respondent from dealing with the assets referred to within the freezing order until a specified time. Where the order is made without notice, that is typically to a return date, and if at that return date the Court decides to continue the order then it will remain in place until judgment or further order.