Blog

Home > Blog

How a Direct Access Barrister Can Help You Challenge an Account Freezing Order

An account freezing order (AFO) is a legal tool that was launched in the United Kingdom to allow the police to freeze the bank accounts of a particular person or business, if the police have some reason to believe that the money in the account was obtained through criminal activities such as money laundering or other criminal offences.

These orders can lead to an immediate complete or partial collapse of the affected persons' finances, and require the individual to act quickly to unfreeze their accounts and assets and fight against such orders. You will need swift legal advice and a plan to remove the order as soon as possible. Working with a barrister directly can be one way to reduce legal costs, without the need for a solicitor.

Below, we will explain how direct access barristers can help contest account freezing orders and when a client should opt for direct representation.

Account freezing orders

Account freezing orders are often made under the Proceeds of Crime Act 2002 in England or the United Kingdom. They are usually affected without prior notice by the account holders, who are then frozen from accessing their money for their own or business needs.

These orders are in the context of fighting financial crime but, simultaneously, can be issued to individuals and companies that bear no responsibility. The only way one can successfully challenge an AFO is to have a lot of financial regulation and criminal law knowledge, which is where direct access barristers are handy.

What Does a Direct Access Barrister Do

Direct access barrister in London or public access barristers are legal practitioners who are allowed to provide legal services to clients and consumers free from the intermediary of a solicitor.

When challenging an account freezing order, a direct access barrister can give independent advice and advocacy services at the beginning. These involve examining facts relied on in passing the AFO, drafting arguments, and defending the client in any hearings. Prior experience in financial crime and asset forfeiture cases ensures they are in a good place to advise on how to challenge the order.

Speeding Up the Legal Process

A significant benefit clients are bound to realise when dealing with a direct access barrister is the ability to complete the legal procedure faster. When a client hires a solicitor, the case is usually sent to a barrister anyway, which slows the process due to the extra steps and communication. This is especially so when dealing with freezing orders, whereby further losses and problems can occur due to any delay. Opting to instruct a barrister directly avoids delays because they can immediately file further papers, start the action needed to challenge the AFO, and get accounts unfrozen as quickly as possible.

Cost Efficiency

Employing the services of a barrister directly can be cheaper than using a solicitor. Civil actions relating to solicitors and barristers are complicated because the work is usually split between the two, attracting higher charges. Clients may save many legal costs since they do not need to pay for the solicitors time as well. This makes direct access an attractive proposition to those under the pressure of an account freezing order because barristers, unlike solicitors, can offer high-level experience at a more cost-effective level.

Final Thoughts

With their specialisation and experience in financial crime law and cheaper fees, instructing a barrister directly can be an efficient way for clients to free their accounts as soon as possible.

Engaging in the service of a direct access barrister means that the issues in question can be settled in the shortest time possible, with specialised legal advice and service, without paying for additional solicitors services and fees.


More to Read: