Injunctions are significant tools in civil fraud litigation. They are used to prevent the dissipation of assets, preserve evidence, and maintain the status quo in fast-paced and high-stakes disputes. Whether you are seeking urgent relief to protect your position or have been served with an injunction, Eldwick Law provides legal support at every stage of the process.
Our dispute resolution team is highly experienced in applying for and defending against injunctions in high-value fraud-related claims, including multijurisdictional cases and claims involving concealed assets or misappropriated funds.
Our Injunction Expertise
We offer end-to-end support for the following types of court orders commonly used in civil fraud proceedings:
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Freezing Injunctions: Prevent a party from dealing with or disposing of assets that may be required to satisfy a future judgment. These may include bank accounts, property, shares, or cryptocurrency holdings.
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Search Orders: Also known as Anton Piller orders, these allow court-approved entry to premises to locate and secure evidence before it can be lost or destroyed.
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Interim and Permanent Injunctions: These orders can be essential to maintain the status quo at the outset of proceedings and to ensure lasting protection after trial.
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Disclosure Orders: Including Norwich Pharmacal and Bankers Trust orders, these compel third parties — often banks or intermediaries — to disclose information that helps trace assets or identify wrongdoers.
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Criminal Restraint Orders: These orders are made in the context of criminal proceedings to restrain the use or movement of assets suspected to be proceeds of crime.
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What Is an Injunction?
An injunction is a court order that requires a party either to take action (a mandatory injunction) or to refrain from specific conduct (a prohibitory injunction). In civil fraud claims, injunctions are most often used to freeze assets, prevent further unlawful dealings, or preserve important evidence that may otherwise be destroyed or altered.
Breaching an injunction is a serious matter and may amount to contempt of court, carrying consequences including fines, asset seizure, or imprisonment.
There are two primary types of injunctions used in civil fraud litigation:
- Interim injunctions – temporary relief granted urgently, often at the outset of proceedings, to prevent irreparable harm such as asset dissipation or evidence destruction.
- Permanent injunctions – final orders granted at the conclusion of proceedings, to prevent future misconduct and enforce the court’s judgment.
Types of Injunctions in Civil Fraud Cases
We act across domestic and international jurisdictions in a wide range of injunction proceedings arising out of fraud, dishonesty, and asset misappropriation. These include:
- Freezing injunctions (including worldwide freezing orders): to restrain a respondent from dealing with assets to prevent frustration of a future judgment.
- Search orders: to gain access to premises and recover or preserve evidence before it can be concealed or destroyed.
- Norwich Pharmacal orders: to compel third parties, such as banks or intermediaries, to disclose information necessary to trace assets or identify wrongdoers.
- Injunctions restraining breach of trust or fiduciary duty: often used where a company officer or agent has acted in bad faith.
- Ancillary disclosure orders: to obtain a clear picture of a respondent’s assets and prevent evasion.
Our firm routinely works with forensic accountants, cyber experts, and foreign counsel to support urgent injunction applications in multi-jurisdictional civil fraud proceedings.
Applying for an Injunction: What’s Involved?
Fraud-related injunctions often require urgent action. We advise claimants on every aspect of the application, including:
- Assessing the urgency and legal grounds for relief;
- Preparing witness evidence and supporting documentation;
- Working with barristers and forensic professionals;
- Advising on without notice procedure and disclosure obligations;
- Complying with undertakings, service requirements, and court timetables;
- Managing the return hearing where the court will consider whether the injunction should continue.
We also advise on alternative remedies, such as undertakings or asset preservation orders, where appropriate.
Defending Against an Injunction in a Fraud Claim
Being served with an injunction in a fraud can be financially and reputationally disruptive to your personal life or business. We regularly represent companies and high-net-worth individuals in resisting or varying these orders, and advising on compliance to avoid contempt of court.
Our team assists with:
- Reviewing the validity and scope of the order;
- Preparing for the return hearing and opposing continuation;
- Challenging the factual and legal basis of the claim;
- Limiting the impact of overbroad or improperly obtained orders;
- Advising on privilege, disclosure, and cross-examination obligations.
Why Eldwick Law?
Eldwick Law has a strong reputation in civil fraud litigation, with experience advising claimants and defendants in high-value, cross-border disputes. Our team is known for its clear, tactical approach and our ability to act rapidly in matters requiring interim relief.
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