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Notice to Lawyers re: Practice Note SC Gen 14 - Freezing Orders
It has come to the Court's attention that a legislative reference in paragraph 9.1(b) of the form of freezing order annexed to Practice Note SC Gen 14 is now out of date.
The reference to section 87 of the Civil Procedure Act 2005 should be replaced by the inclusion of the regime as set out in section 128A of the Evidence Act 1995.
Section 128A of the Evidence Act 1995 now deals with privilege in respect of self incrimination in connection with a freezing order. Following the introduction of section 128A of the Evidence Act, section 87 of the Civil Procedure Act now only deals with protection against self incrimination in relation to interlocutory matters, not freezing orders.
Arrangements are being made to update the Practice Note. Until this occurs, practitioners are asked to amend paragraph 9.1(b) of the form of freezing order by substituting the reference to section 87 of the Civil Procedure Act 2005 with a reference to the regime as set out in section 128A of the Evidence Act 1995.
The Court will post a new announcement to this website once Practice Note SC Gen 14 - Freezing Orders is reissued with the necessary amendments.
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