Michael Wilson v Emmott: Post Judgment Freezing Orders In The Ordinary Course Of Business

[2019] EWCA Civ 219

Court of Appeal considers whether payments in the ordinary course of business should be allowed in a post-judgment freezing order

It is now settled law that a freezing order can be granted post-judgment in aid of execution, even if no freezing order was obtained pre-judgment. As with pre-judgment freezing orders, the purpose is to prevent dissipation of assets. In this case, the appellant appealed the decision at first instance to remove the standard exception in a freezing order which allows the respondent to continue to deal with and dispose of assets "in the ordinary and proper course of business". There was no dispute that the judge had had jurisdiction to remove the exception, and nor was there any challenge to his factual findings.

The Court of Appeal accepted that it makes a difference whether a freezing order is pre or post judgment, given that pre-judgment it has not yet been proven that the claimant's claim will succeed, and there is a policy of law weighing heavily in favour of the enforcement of...