Using Intelligence to Support Freezing Orders: Practical Guidance for Legal Teams
Freezing orders are an important and effective interim remedy in civil litigation, allowing claimants to preserve assets that might otherwise be moved or disposed of before a judgment can be enforced. Granted under Section 37 of the Senior Courts Act 1981 and CPR 25.1(1)(f), they can be issued on a domestic or worldwide basis depending on the circumstances.
The court will only make such an order where there is a clear legal basis, a well-evidenced application, and a demonstration of a real risk of asset dissipation. Applicants must also comply with Practice Direction 25A, which sets out procedural requirements including full and frank disclosure, the provision of an undertaking in damages, and clarity on the assets to be frozen.
While the legal principles are well established, the success of an application often depends on the quality, clarity, and reliability of the supporting evidence. This is where focused investigative intelligence plays a central role.
The Importance of High-Quality Intelligence
When considering a freezing order, the court applies a high evidential threshold. It is not enough to show that the respondent owns assets, the applicant must present a clear, reliable, and verifiable body of evidence that:
Identifies specific assets - such as properties, corporate holdings, bank accounts, shareholdings, high-value moveables (vehicles, vessels, aircraft), or intellectual property. Wherever possible, this should include precise details such as registered addresses, title numbers, or corporate registration data.
Proves ownership or control - establishing that the respondent is the legal or beneficial owner, or has the ability to direct how the asset is dealt with. This can be achieved through official registries, corporate records, contractual documentation, or financial statements.
Demonstrates a credible risk of dissipation - supported by factual examples, such as recent transfers to related parties, rapid liquidation of assets, the use of offshore structures, or patterns of behaviour that indicate a willingness or intention to place assets beyond the reach of enforcement.
The court will look for evidence that is corroborated (information supported by more than one independent source, reducing the risk of reliance on unverified claims), current and accurate (showing the position as it stands at the time of the application, as outdated intelligence carries less weight) and relevant to the application (directly linked to the assets the order seeks to preserve and the grounds for asserting dissipation risk).
It is also important to provide context, for example:
The timing of asset transfers in relation to the dispute.
The respondent’s history of compliance or non-compliance with legal obligations.
The use of corporate or trust structures that could shield assets from recovery.
The proximity of associates or family members who may hold assets on the respondent’s behalf.
Gathering Evidence to Support an Application
A well-prepared freezing order application is built on more than just identifying assets, it requires a clear, corroborated picture of an individual’s financial position, their connections, and any signs of potential asset movement. This process typically involves a mix of desktop research, supported with human-source intelligence enquiries:
Public record searches
Specialist research resources
Open-source intelligence (OSINT)
Social media analysis
Corporate and shareholding analysis
Debt and insolvency checks
Legal and regulatory screening
Court record reviews
Family and associate profiling
Indications of overseas connections
Timing and Strategic Considerations
In many cases, timing is critical. Assets can be transferred or restructured quickly, particularly where multiple jurisdictions are involved. Early intelligence gathering can make a material difference to the outcome of an application.
Practical steps include prioritising assets within jurisdictions where enforcement is most practical, mapping relationships with associated individuals or entities that may hold assets, corroborating all findings from independent sources and preserving confidentiality throughout the investigation to avoid alerting the respondent.
How Satori Intelligence Supports Legal Teams
At Satori Intelligence, we work alongside our clients to provide intelligence that meets the evidential standards required for court. If you have a case in mind, please reach out for a chat.
Published on 12 August 2025