A dispute may involve a freezing order (potentially worldwide) which requires careful advice as to the scope of the freezing order and permissible exceptions to spending allowed by the freezing order.
Breach of court orders is particularly serious where the court order is endorsed with a penal notice, as this carries exposure to an application for committal to prison for contempt of court.
High Net Worth clients may also decide to bring private prosecutions where criminal conduct has occurred, rather than pursue claims in civil courts. Although there is a higher standard of proof, there are many advantages to private prosecutions, including that proceedings are commonly faster and there is a greater measure of protection from paying the Defendant’s legal costs and recovering legal costs, even if the prosecution is unsuccessful.
When assets have been seized, challenges frequently need to be brought using trust principles and public law challenges to public authorities.