We are increasingly approached by individuals and/or companies who have had their personal and/or business bank account(s) frozen by virtue of an Account Freezing Order (“AFrO”) in situations where they are adamant that they have not breached any applicable laws or regulations. 

In some cases, the relevant authorities may have proceeded to apply for an Account Forfeiture Order (“AFO”).

In all these circumstances, it is highly recommended to obtain urgent legal advice.  We have previously explained what an AFO and an AFrO are, and in this article we explore how to challenge them.

What is an Account Freezing Order and an Account Forfeiture Order?

In previous articles, we have extensively discussed what an AFrO and an AFO are, as well as the use of AFrOs by the Serious Fraud Office: What is an Account Freezing Order?

The rise and fall of the Serious Fraud Office’s Account Freezing Orders

We have also discussed what a crypto wallet freezing order is.

How do you challenge an Account Freezing Order or an Account Forfeiture Order?

It is important that individuals whose account(s) are subject to an AFrO seek expert legal advice as soon as possible.  An AFrO may be issued with or without notice; as such, the first time you may become aware of it is when you are notified that an AFrO has been granted.

Applying for an AFrO, and if applicable an AFO, involves a staged approach by the relevant agency, and it is important to adopt a strategic response accordingly.  As such, the most effective response will often involve a combination (or all) of the following (non-exhaustive) steps:

• engaging with the relevant agency;
• attending an interview (if appropriate);
• making written representation accompanied by evidence;
• trying to establish that there are (or were) insufficient grounds to persuade the Court to grant an AFrO and/or that there are insufficient grounds to persuade the Court to grant an AFO; and
• establishing any procedurally incorrect actions taken by law enforcement.

Given the higher standard of proof, which law enforcement needs to satisfy at the AFO stage, in some cases it may be better for the account holder to contest the matter at this stage.

It is critically important that the appropriate steps are taken during the investigation stage, as these should bolster the representations made if the matter does end up at a full forfeiture Court hearing. As such, early expert legal advice is always recommended.

Gherson’s financial crime team brings experience from both sides of the fence through experience in leading investigations into financial crime and also representing individuals subject to such investigations.  As such, they are able to offer a bespoke and insightful strategy to secure the best chance to prevent an investigation at an early stage.

What does all this mean?

The relevant authorities are increasingly turning to AFrOs and AFOs to disrupt alleged criminal conduct.

Prior to your account being made subject to an AFrO or an AFO, you may have found that your bank account has been closed, which can be an indication of a whole host of other issues.

What can I do to try and challenge a wrong decision to close my personal and/or bank account(s)?

In the meantime, we are often approached by individuals who have been “de-banked” in situations where individuals believe that they have always acted in full compliance with the Terms and Conditions of the relevant bank account, as well as all other legal and applicable rules and regulations.

We have previously written about how other issues individuals may face, including account closures, are not limited to political figures in the UK, and affect many thousands of lawful individual and business customers every year.  These cases have exposed the difficult balance many financial institutions and their individual and business customers must strike to gain and maintain access to basic banking services. 

To assist those whose accounts have been closed, Gherson’s financial crime, investigations and regulatory team have previously written blogs titled:

• “Why has my bank account been closed”
• “Why has my business bank account been closed?”
• “140,000 SMEs “de-banked” last year – why could I have been de-banked?”
• “What are the proposed new laws aimed at preventing de-banking?”
• “Why the proposed new laws to try and prevent de-banking to not go far enough”. 
• “Am I entitled to a basic bank account in the UK?”
• How to challenge crypto-related bank account closures”

What can I do to try and challenge a wrongly imposed CIFAS marker?

We are also being increasingly approached by individuals who believe that a financial institution has wrongly imposed a CIFAS marker in their name.

If you have always acted in full compliance with the Terms and Conditions of the relevant bank account and all other applicable legal rules and regulations, then you should have a good basis to challenge the bank’s decision to implement any CIFAS markers.

A strong challenge will often involve demonstrating through evidence that you have not breached the bank’s Terms and Conditions or any rules and regulations, and that all transactions were at all times carried out in full compliance will all the applicable laws and regulations.

In a previous blog, we examined what a CIFAS marker is and how to try and get it removed, as well as what you can do if a CIFAS marker has been wrongly imposed. 

We have also recently examined Challenging a crypto-related CIFAS Marker: what you can do.

NAVIGATING FINANCIAL INSTITUTION-RELATED CHALLENGES

Adverse information on compliance databases

We also being increasingly approached by individuals who believe that incorrect and/or inaccurate data about them stored in compliance databases is having an adverse effect on their relationship with financial institutions and are facing subsequent issues, such as bank account closures or difficulties in opening a bank account.

We have also written a serious of blogs on a basic overview of the main functions of compliance databases like World-Check and how you can correct information about yourself on such databases?

HOW GHERSON CAN ASSIST

Gherson’s regulatory, white-collar and investigations team are highly experienced in providing assistance on what you can do if your bank freezes or closes your account.  This includes assisting you in submitting a request under data protection legislation, otherwise known as a Data Subject Access Request, to ascertain what information banks and other financial institutions may be holding on you and their decision making, and then analysing the response and assisting with any appropriate challenge.

If you have any questions arising from this blog, please do not hesitate to contact us for advice; send us an email at enquiries@gherson.co.uk or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay up to date with the latest developments.

Updated: 3 June 2025

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice.  Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position.  Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog.  For formal advice on the current law please do not hesitate to contact Gherson.  Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2025

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