Jamaica - Attachment of Assets
Author(s):
Julianne Mais-Cox
Hyacinth Lightbourne
Jennifer Scott-Taggart
Page Count:
30 pages
Media Description:
1 PDF Download
Jurisdictions:
Description:
Originally from Attachment of Assets
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In civil matters (specifically, claims for debt or damages), claims not
exceeding $1,000,000.00 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