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?   

Where a party has money or other claim against a 2nd party an interim remedy will only be granted by the court if the matter is urgent or it is otherwise necessary to do so in the interests of justice.  The plaintiff’s application for an interim remedy must be supported by evidence on affidavit unless otherwise ordered by the court.

The form of provisional relief is variegated and is delineated in Part 17 of the East Caribbean Supreme Court Civil Procedure Rules 2000 (hereinafter referred to as CPR 2000).  They may take the form, inter alia, of a/an:

a. Freezing order restraining a party from (i) dealing with any asset whether located within or without the jurisdiction and/or (ii) removing from the jurisdiction, assets located there

b. Search order

c. Interim injunction

d. Interim declaration

e. Order authorizing a person to enter any land or building for the purpose of acquiring information about the location of relevant property or assets or to acquire information about relevant property or assets which are or may be the subject of an application for a freezing order

f. Order for the detention, custody or preservation of relevant property on which experiments need to be carried out

g. Order for the sale of relevant property (including land) which is of a perishable nature or which for any other good reason it is desirable to sell quickly

h. Order for interim payment