Attachment of Assets - Looseleaf
Attachment of Assets - Electronic
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 the matters mentioned in this section shall be as follows, that is to say
(c) An Injunction may be granted . . . by interlocutory order of the court or cases in which it appears to the court to be just of convenient and such order shall be made; and any such order may be made either unconditionally or upon such terms and conditions as the court thinks just; and if any injunction is asked for either before, at, or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted, if the court thinks fit, whether the person against whom such injunction is sought is or is not in possession under any claim of title or otherwise, or (without a possession) does or does not claim the right to do the act sought to be restrained under any color of title, and whether the estates claimed by both or either of the parties are legal or equitable.”
Narinder K. Hargun and Christian R. Luthi