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Interim attachment meaning

What does Interim attachment mean?
A court-ordered, pre-judgment preservation measure that prevents a debtor from selling, removing or otherwise dealing with specified moveable property in their possession while proceedings are ongoing. In Scotland, interim attachment is a statutory form of diligence on the dependence (notably under the Bankruptcy and Diligence etc. (Scotland) Act 2007), granted by the Court of Session or sheriff court on cause shown. It typically covers corporeal moveables in the debtor’s own possession (as distinct from assets held by third parties, which are addressed by arrestment on the dependence). The order is protective only: it does not transfer ownership but restricts dealings until decree or recall. The court assesses necessity and proportionality, may require caution (security), and execution is subject to statutory exemptions (for example essential items and tools of trade) and restrictions on entry to dwellinghouses. In England and Wales, Northern Ireland and Ireland, “interim attachment” is not a formal remedy. Comparable relief is usually obtained by freezing injunction (Mareva) restraining asset dissipation pending judgment. Usage is therefore jurisdiction-specific, with the Scottish meaning above most commonly intended.
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View the related Practice Notes about Interim attachment

PRACTICE NOTES
Attachment diligence in Scotland: procedure, exemptions, valuation, urgent removal, auctions, co-ownership, exceptional attachment orders, interim attachment, and 2024 reforms

This Practice Note considers the position regarding the diligence of attachment in Scotland This note addresses how attachment operates within Scottish diligence, setting out the relevant position and context. For further guidance: on other types of diligence in Scottish civil procedure, consult Practice Note: Enforcement in Scottish civil litigation, which in turn connects to detailed guidance on a number of forms of diligence available in Scotland on the counterpart in England and Wales, see Introduction to enforcement—overview, which provides a general outline and links to more detailed guidance on various aspects of domestic enforcement in England and Wales on cross-border enforcement, refer to Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which offers an overview and signposts more detailed guidance on multiple aspects of cross-border enforcement This Practice Note does not address land attachment or residual attachment; for those, see Practice Note: Adjudication for debt in Scottish civil litigation—anticipated future developments. In 2020, the Scottish Government commenced a policy review...

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PRACTICE NOTES
Family Procedure Rules 2010 (England and Wales): Index to Parts, Practice Directions, amendments (Brexit/DDSA 2020), electronic procedure, pilot schemes and pre-DDSA 2020 versions

How to use this index This Practice Note offers an index with links to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955—the main procedural rules that apply to family proceedings—together with all supporting Practice Directions. Use the 'Table of Contents' tab on the left-hand side of the screen; it will expand to reveal every Part of FPR 2010 and the associated Practice Directions for each individual Part. To open material within FPR 2010, select the margin note to the right of the text for the specific Part or Practice Direction you wish to consult. When you are inside a Part of FPR 2010, click the 'Table of Contents' tab on the left to then expand that Part, display all rules contained in it, and allow you to navigate to the relevant provision you are interested in or require. Within FPR 2010, the 'Table of Contents' tab also lists all other Parts of FPR 2010, and individual rules can be navigated to by clicking on each relevant...

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PRACTICE NOTES
Interim and injunctive relief in UAE arbitration and courts: Federal Arbitration Law 2018, DIFC injunctions, DIAC/ADCCAC measures, and onshore enforcement

Interim remedies and arbitration in the UAE Interim remedies in the UAE are, as a rule, harder to secure than in jurisdictions such as England and Wales or the United States. Local UAE courts typically do not recognise injunctions or similar forms of interim relief, save for limited exceptions. In contrast, the Dubai International Financial Centre (DIFC) courts apply common law principles, so are more inclined to grant interim measures and have authority to make a wider range of orders. The tests the DIFC courts use when deciding whether to award an injunction will be familiar to lawyers from common law backgrounds. While this may reassure contracting parties choosing a DIFC courts jurisdiction clause, an interim order issued by the DIFC will be immediately effective only against assets, persons, or property located within the DIFC special economic zone. A claimant may then face difficulties enforcing that order against onshore assets through the UAE courts, particularly where the form of relief is not recognised by the UAE courts. On 3...

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