Trinidad and Tobago - Attachment of Assets
Cherie Gopie, Senior Associate, M. HAMEL-SMITH & CO.
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?
The Courts in Trinidad and Tobago allow a wide range of interim remedies including “attachments” primarily listed under Part 17 of the Civil Proceedings Rules (“CPR”) which include an interim injunction, an interim declaration, an order for the detention, custody or preservation of relevant property , an order for sale of relevant property, and a Mareva or freezing injunction, which prevents the removal of assets from within the court’s jurisdiction or from dealing with assets outside of the court’s jurisdiction. Additionally, the court may issue an order for interim payment for a debtor to pay damages in anticipation of being found liable to pay. Furthermore, the court is empowered to grant any other type of interim remedy even if it is not specifically listed in Part 17.
2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.
The attachment is made by way of an injunction and/or judicial order directed to the defendant.