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 marshal?

Until the coming into force of the Civil Jurisdiction and Judgments Act 1982 in January 1987, the courts of England and Wales had previously been reluctant to grant interim or provisional relief where the substantive proceedings were not or were not about to be instituted in England and Wales. Whilst the courts have always allowed, in appropriate cases, a foreign judgment creditor to have the benefit of the full extent of the attachment (or execution) processes available in England, a distinction was formerly made in respect of interim relief.

Section 25 of the 1982 Act empowers courts in England and Wales to grant interim relief in aid of foreign proceedings provided (i) proceedings have been or are about to be commenced in a Brussels, Lugano or Regulation state and (ii) the subject matter is within the scope of the Recast Brussels  Regulation (“Regulation”).  This power was extended in respect of non-contracting states and matters not within the scope of the Regulation by the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997.  The courts in England and Wales have a wide range of interim remedies primarily listed under Part 25 of the Civil Procedural Rules (CPR).  These powers include:

1. (a) an interim injunction.

(b) an interim declaration.

(c) an order:

    (i) for the detention, custody or preservation of relevant property;