The concept of dissipation in freezing orders

Asset freezing orders provide relief against a defendant’s defeating the claimant’s quest for an enforceable judgment through the dissipation of assets. Dissipation does not involve any use or disposal of assets which has the effect of leaving the defendant unable to meet any judgment the claimant may obtain. But to date the received wisdom has been that the defendant need not intend to defeat the claimant’s attempt to obtain an enforceable judgment. This article suggests that it may be time for the courts to give a heavier weighting to any evidence suggesting that this is the defendant’s intention.