Jamaica - Attachment of Assets

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Attachment of Assets

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Jamaica

Attachment of Assets

In civil matters (specifically, claims for debt or damages), claims not exceeding $250,000.00 Jamaican dollars1 may be brought in the Resident Magistrate’s Courts in the various parishes in the Island. The jurisdiction of these Courts, which is defined by statute, is limited to within the particular parish.2 Otherwise, civil claims may be brought in the Supreme Court of Judicature of Jamaica (“Supreme Court” or “the Court”) which has unlimited jurisdiction in civil and criminal matters. One of the divisions of the Supreme Court is the Commercial Court which began operations in February 2001. Appeals from the decisions of both the Supreme Court and Resident Magistrate’s Courts are heard by the Court of Appeal, with the final appellate Court being the Judicial Committee of the Privy Council in England. This chapter will focus on proceedings commenced in the Supreme Court.

1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?

The jurisdiction of the Supreme Court to grant interim or provisional relief affecting property of debtors is founded on section 49(h) of the Judicature (Supreme Court) Act,3 the Supreme Court Civil Procedure Rules 2002 (“the CPR”) (which came into force on January 1, 2003 replacing the Judicature (Civil Procedure Code) Law 1889) and the Court’s inherent jurisdiction. While the Court will not as a general rule interfere with a defendant’s assets pre-judgment, in an appropriate case there are a number of interim reliefs available to a claimant (formerly