Account Freezing Orders in 2025: Latest Rules & Legal Guide
Account Freezing Orders (AFOs) are among the most formidable tools that law enforcement and regulatory bodies in England and Wales wield in the fight against financial crime. In…
Account Freezing Orders (AFOs) are among the most formidable tools that law enforcement and regulatory bodies in England and Wales wield in the fight against financial crime. In…
HMRC’s use of Account Freezing Orders has risen 170% over the past 3 years. An AFO allows HMRC to quickly freeze funds in accounts suspected of criminal activity for up to two years. The number of AFOs, easily obtained by HMRC, has surged from 125 in 2022 to 341 in 2024, with the value of frozen assets rising massively. AFOs pose catastrophic risks for innocent businesses caught up in HMRC’s net.
An Account Freezing Order (AFO) is a UK court order that restricts access to funds in bank accounts suspected of involvement in criminal activity. Certain organisations such as the NCA, SFO or HMRC must show reasonable suspicion that the money is linked to criminal activity. They can apply for an AFO at a Magistrates’ Court. These orders, lasting up to two years, freeze the account, preventing any transactions without court approval. To protect their legal rights and assets, businesses and individuals facing an AFO can challenge or seek variation through legal representation.
In Les Ambassadeurs Club Ltd v Albluewi [2020] EWHC 1313 (QB), the High Court discharged a worldwide freezing order (WFO) obtained by a casino against its customer in finding that the claimant had failed to establish a real risk of dissipation of assets and that there had been material non-disclosures which were directly relevant to the risk.
During the lockdown, many businesses have moved to online and remote working. Action Fraud reports daily on coronavirus-linked fraudulent activity including phishing and online hacking scams. As companies continue to suffer financially, now more than ever, parties require the assistance of the court should an urgent injunction be necessary.