Laceys Solicitors Laceys is a leading, forward-thinking law firm with specialist experts serving both individual and business clients across a broad spectrum of practice areas.




Post-judgment freezing injunctions and business expenses

26th September 2019 by Rob Kelly

Categories: What's New?
Tags: , , ,

Many businesses get involved with litigation and some may find themselves facing an order of the court to freeze their assets pending the outcome of a particular dispute.  These ‘freezing orders’, which are often made before judgment, limit what businesses can do with their assets until the dispute has been resolved.  Many pre-judgment freezing injunctions include a provision which allows a business to continue to trade and to deal with or dispose of their assets in the ordinary course of their business, despite the freezing injunction being in place.  This is known as the ‘Angel Bell’ exception.

The Court of Appeal has recently drawn a distinction between pre-judgment and post-judgment freezing orders and upheld a decision of the lower courts to dis-apply the Angel Bell exception when a creditor has obtained a judgment which remains unsatisfied.  The Court of Appeal deliberately avoided establishing a principle that the starting point in post-judgment applications for freezing orders should be that the Angel Bell exception is dis-applied, but it held that “it will sometimes and perhaps usually be inappropriate” to include the exception in a post-judgment freezing order.

If a business which is made subject to a post-judgment freezing order is not going to be able to deal with its assets in the ordinary course of its business, this means of enforcement has become more attractive to creditors as a consequence of this judgment.

If you would like any further information with regard post-judgment freezing injunctions please contact Rob Kelly on or 01202 755980.

Rob Kelly

Senior Associate — Dispute Resolution

Direct dial: 01202 755217


  • “A first choice for truly contentious Litigation in Automotive and Asset Finance and Leasing. His pure skill in tricky work wins through time and again and adds real value compared with the so called 'top tier' litigators. Truly capable, amenable and commercially minded business partners, the 'master chessmen' of their specialty.”

    Paul Maxted, previously the In house Legal Adviser and Company Secretary nearly 20 years, all Financial Services related companies in UK for Daimler, Mercedes-Benz

  • “I have had the pleasure of working with several members of the team at Laceys regularly over a period of years. I found Rob Kelly in particular, who worked on a successful litigation case for me over a period of several years to be outstanding in all aspects of the work he undertook, and the manner in which he did it. I now consider him a friend. I would not - and have not - hesitated to recommend Laceys to my family and friends, and continue to use them for all legal matters.”

    Dan Collins

  • “ I just wanted to thank you for your great work on the professional negligence case and other cases you have represented Indian Ocean and Tiien through the last few years.”

    Mehdi Vahdati, Director and Proprietor - Indian Ocean (Bournemouth) Limited

  • “I've worked with a fair few lawyers over the years and Rob Kelly is the most on the ball and efficient lawyers I've ever come across. I'm looking forward to working together for many years to come.”

    Roger Woodall, CEO - Diamond Sporting Group

Rob is an Associate Member of the Chartered Institute of Legal Executives (September 2009).  Rob also holds an LLB (Hons) degree in law.  He successfully completed training as a mediator under the ADR Chambers / Harvard Law Project Scheme and was one of the first mediators to have been appointed an IMI Certified Mediation Advocate in the UK with a commercial practice.

Rob specialises in dispute resolution through litigation, arbitration and mediation, with particular emphasis on contractual disputes, claims involving allegations of professional negligence (which he has prosecuted on behalf of commercial and private clients and defended on behalf of insurers, re-insurers and Lloyd’s syndicates). He is regularly instructed in connection with substantial disputes involving contractual, professional negligence, contentious probate issues.  Rob also deals with contentious property and landlord and tenant issues.

Rob’s style is a mix of listening, asking (tough) questions, diplomacy and reality testing. He’s interested, flexible, and pragmatic. He offers a common sense, realistic approach to assist his clients in searching for solutions to their disputes and brings straight talking and integrity to his work.

Related articles

Aisling Scott, Laceys trainee solicitor, provides an insight into training from home

TRAINING FROM HOME. As the end of my second seat dawns, what strikes me is I have...

Read Article

Love Island’s Molly-Mae Hague breached ASA competition rules

Giveaways on social media are exceedingly common nowadays, and a great way for influencers and businesses to...

Read Article

Close X