Knock, Knock, Beware

In the first bulletin of this series, we set out a brief explanation of the types of "Without Notice Order" that can be obtained against an individual and their intended purpose. In the second bulletin we set out the basic Dos and Don'ts guide for anyone served with a Search Order or Freezing Order. In this bulletin we consider how and when it is best to respond to "Without Notice Orders".

From the outset everyone concerned, including the Claimant, both parties’ legal advisers and the Court, should not lose sight of the fact that Without Notice Orders are preservation Orders and not penal Orders. Contrary to the views of some over zealous Claimants and their legal advisers, the Orders are not designed, and nor should they be allowed to be used, to destroy a Defendant. As we set out in the first bulletin, the purpose of these Orders is to secure and preserve assets, information and documentation