A freezing order does not take your property. It forbids you to move it until the case is decided, and it punishes severely anyone who tries. What it means, in plain terms.
A freezing order means the court has temporarily forbidden you to dispose of or move assets, usually up to a figure, until a claim against you is decided.
It does not mean the property is seized, and it does not mean the case has been decided. It means the other side persuaded the court, without you in the room, that there is a serious case and a real risk that assets would disappear before judgment.
That it was granted without hearing you is not an irregularity. It is the rule for these orders, and it is balanced: the applicant took on heavy obligations to the court in return, and you have the right to apply to set it aside or vary it.
What you are still allowed to pay
These orders normally except reasonable living expenses and legal costs, and often ordinary business payments as well.
Read the wording of the order word by word: that is where it says what is excepted, up to what limits, and what requires notice to the other side. If the limits are not enough to live on or to keep the business running, the court can adjust them, and that application is ordinary rather than exceptional.
The disclosure that usually comes with it
A freezing order is often accompanied by an obligation to disclose your assets, on affidavit and within a short time. That obligation is the part people underestimate. It is enforceable in its own right, and an incomplete or evasive disclosure damages the substantive case as well.
What breaching it costs
Disobedience is contempt of court, and it is treated as such. Moving an asset to see whether anyone notices is the single most expensive decision available at this stage, and it converts a dispute about money into a matter about your own conduct, which is much harder to defend.
What to do instead
The route is an application, and it is worth knowing what the court weighs. Under the Civil Procedure Rules 2023, rule 25.7, an interim prohibitory order is granted on the balance of convenience, on whether the claimant has an arguable case, on whether damages would be an adequate remedy for the respondent, and on the status quo. Every one of those is something a respondent can address on evidence. Rule 25.8 allows an interim order to be stayed on application, and rule 25.4 is why the order may have arrived before you had seen any claim at all: interim relief can be sought before the main claim is issued.
Comply first and argue second. Then look at the order on three fronts: whether the case against you is as strong as it was presented when you were not there, whether the risk of dissipation was real or asserted, and whether the applicant disclosed to the court everything they should have. The last of these is the ground that most often removes an order, because the duty owed by someone who applies without notice is a heavy one.
Making an enquiry
Briefly describe your matter and mention any deadline. You do not need to gather documents before getting in touch.
Information we may need later
Once we confirm we can act, we will explain what to provide. The following information is for the subsequent review, not your first message.
The order itself with everything served with it, the affidavit that supported the application, the date and time of service, and any deadline in the order for disclosure. Send it the day you receive it: the periods in these orders are short.
The three things the applicant had to prove
A freezing order is an interim order under section 32 of the Courts of Justice Law, Law 14/1960. Reading what the applicant had to satisfy tells you where the order is weak.
Section 32(1) allows the court, in the exercise of its civil jurisdiction, to grant an interim order, prohibitory, perpetual or mandatory, or appoint a receiver, if it thinks it just or convenient in the circumstances, even where no damages or other relief are claimed or granted with it. The proviso is the test, and it has three limbs, all of which must be satisfied before an order issues:
- that there is a serious question to be tried at the hearing;
- that there is a probability that the applicant is entitled to relief; and
- that it will be difficult or impossible to do complete justice at a later stage if the order is not granted.
Nearly every successful discharge application is an attack on one of those three, usually the third. Section 32(2) allows the order to be granted on such terms and conditions as the court thinks just, which is where a cross-undertaking in damages and a fortification of it come from.
How far the order reaches
The court can freeze assets before a claim is filed and after judgment, and for proceedings running abroad. Section 32(A1) gives the court jurisdiction to hear an application for interim relief at any time, including before a claim has been filed or after judgment has been given, in relation to court or arbitral proceedings that have taken place, are taking place or will take place inside or outside the jurisdiction.
Section 32(AB1) deals with the foreign case. Where the proceedings are outside the jurisdiction, the court has jurisdiction where the respondent is within the jurisdiction, or the property or subject matter of the relief is within the jurisdiction, or there is such other connection with the Republic as makes the court appropriate to hear and decide the application. If none of the three is present, that is the first argument to make.
Questions we are asked
What did they have to prove to get it?
Three things, under the proviso to section 32(1) of Law 14/1960: that there is a serious question to be tried at the hearing, that there is a probability the applicant is entitled to relief, and that it will be difficult or impossible to do complete justice at a later stage if the order is not granted. All three have to be satisfied, and most successful discharge applications attack the third.
Can an order be made before any claim is filed?
Yes. Section 32(A1) gives the court jurisdiction over an application for interim relief at any time, including before a claim is filed and after judgment has been given, in relation to court or arbitral proceedings that have taken place, are taking place or will take place inside or outside the jurisdiction.
The main case is abroad. Why is a Cyprus court involved?
Section 32(AB1) gives the court jurisdiction over interim relief supporting proceedings outside the jurisdiction in three cases: where the respondent is within the jurisdiction, where the property or the subject matter of the relief is within it, or where there is such other connection with the Republic as makes the court appropriate to hear and decide. If none of the three applies to your case, that is the first point to take.
What protection do I have if the order turns out to be wrong?
Section 32(2) allows an interim order to be granted on such terms and conditions as the court thinks just. That is the basis of the cross-undertaking in damages the applicant gives, and of an application to have it fortified where the applicant's ability to honour it is doubtful.
Has my property been taken?
No. A freezing order forbids you to dispose of or move assets, usually up to a figure, until the claim is decided. Nothing is seized and nothing has been decided against you on the merits.
Why was it granted without hearing me?
That is the rule for these orders, not an irregularity, and it is balanced: the applicant took on heavy obligations to the court in return, and you have the right to apply to set the order aside or vary it.
Can I pay my rent and my lawyer?
These orders normally except reasonable living expenses and legal costs, and often ordinary business payments. The exact limits are in the wording of the order, and if they are not enough the court can adjust them.
What happens if I move an asset anyway?
Disobedience is contempt of court. It is the most expensive decision available at this stage, because it turns a dispute about money into a matter about your own conduct.
Related reading
The firm's work in this area is described in freezing orders and fraud and asset recovery. Disclosure obligations are covered in the disclosure order.
This article is for general information only and does not constitute legal advice. Laws and their application can change, and individual circumstances differ. For advice on your own matter, contact Klitos Platis at klitos@kleanthousplatis.com or telephone +357 22 680 330.
Klitos Platis
Advocate, Partner
Kleanthous & Platis LLC, Nicosia · Published 6 July 2026
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