Bermuda - Attachment of Assets
Narinder K. Hargun
Christian R. Luthi
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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 the narrow sense of the word attachment is available to any
person having a just cause of action at law against any person or
persons absent from Bermuda but who has been in Bermuda by way of
Writ of Attachment under the Attachment Act, 1874. The procedure
under that Act is described in more detail below.
In a broader sense of the word attachment is also available in the
Supreme Court of Bermuda under the exercise of its jurisdiction
granted under Section 19(c) of the Supreme Court Act, 1905 which
“19. It is hereby declared that the law and practice relating to thematters mentioned in this section shall be as follows, that is to say–(c) An Injunction may be granted . . . by interlocutory order ofthe court or cases in which it appears to the court to be just ofconvenient and such order shall be made; and any such ordermay be made either unconditionally or upon such terms andconditions as the court thinks just; and if any injunction isasked for either before, at, or after the hearing of any cause ormatter, to prevent any threatened or apprehended waste ortrespass, such injunction may be granted, if the court thinks fit,whether the person against whom such injunction is sought is oris not in possession under any claim of title or otherwise, or(without a possession) does or does not claim the right to do theact sought to be restrained under any color of title, and whetherthe estates claimed by both or either of the parties are legal orequitable.”