Originally from Attachment of Assets

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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 BVI High Court has the power to order a wide range of interim remedies including the following:

(a) Injunctions 

(b) an order authorising a person to enter any land or building in the possession of a party to the proceedings for the purposes of carrying out an order under sub-paragraph (h);

(c) an order directing a party to prepare and file accounts relating to the dispute;

(d) an order directing a party to provide information about the location of relevant property or assets or to provide information about relevant property or assets which are or may be the subject of an application for a freezing order;

(e) an order for a specified fund to be paid into court or otherwise secured where there is a dispute over a party’s right to the fund;

(f) an order for interim costs;

(g) an order for the:

  (i) carrying out of an experiment on or with relevant property;

  (ii) detention, custody or preservation of relevant property;

  (iii) inspection of relevant property;

  (iv) payment of income from relevant property until a claim is decided;

  (v) nature or which for any other good reason it is desirable to sell quickly;

  (vi) taking of a sample of relevant property;