Originally from Attachment of Assets

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?

In St Kitts and Nevis a claimant may obtain an interim order referred to as a “freezing order” to restrain a defendant from dealing with any asset whether located within St Kitts and Nevis or not or from removing any assets located within St Kitts and Nevis.1 This remedy, formerly referred to as a Mareva injunction,2 restrains the person to whom it is directed from dealing with his assets in such a way as to frustrate any judgment that the claimant may later obtain. In appropriate cases the court may order the delivery up of chattels belonging to the defendant in order to prevent their disposal defendant.3

2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.

The remedy is by way of a freezing order, which is an interim order of the court restraining the defendant from dealing with his assets, whether within or without of the jurisdiction, until the trial of the action or until further order of the court. This type of order, previously known as a Mareva injunction, may also be made after judgment or before a claim is made.4