Jurisdiction(s):
United Kingdom

Key definition

Sequestration definition

What does Sequestration mean? In Scottish insolvency practice, sequestration is the bankruptcy process for an insolvent individual or partnership, under which the debtor’s estate is taken into custody and vested in a trustee for the benefit of creditors. It is governed by the Bankruptcy (Scotland) Act 2016. An award of sequestration may follow a debtor application to the Accountant in Bankruptcy (AiB) or a creditor petition to the sheriff court. On award, most assets vest in the trustee in sequestration; diligence is stayed; claims are adjudicated; and assets and income (via any Debtor Contribution Order) are realised to pay a dividend....

Civil contempt and confiscation of assets (writs of sequestration): CPR 81 applications, penal notices, companies, and purging—England and Wales

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Practice notes

This Practice Note examines when the court may deprive a party of assets (historically termed a ‘writ of Sequestration’) as a remedy, sanction, or means of compulsion within contempt proceedings under CPR 81 (also known as ‘Committal proceedings’). It does not cover sequestration used purely to enforce a judgment, order, or undertaking where no contempt proceedings are pursued—for guidance on that, see Practice Note: Writs of sequestration to enforce a judgment or order.

Confiscation of assets—enforcement or contempt?

Before 1 October 2020, all sequestration routes—both the ‘contempt’ variety and the ‘enforcement’ variety—sat within CPR 81. Following CPR amendments effective from 1 October 2020, CPR 81 was narrowed to contempt alone (see consultation: Proposed rule changes relating to Contempt of Court: redraft of CPR Part 81). Since that date, CPR 81 no longer uses the label ‘writ of sequestration’, yet the underlying sequestration principles remain in the contempt sphere, now described in CPR 81 as ‘confiscation of assets’ (see CPR 81.2, CPR 81.4(2)(p) and CPR 81.9(1)). As explained in...

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Alexander West

Albion Chambers

Alexander West specialises in Matrimonial Finance, Regulatory Crime and Inquests.Having started his career with a City finance firm before moving to Linklaters LLP, Alexander now practices across the Western Circuit and beyond, undertaking a range of work across each of his areas of specialism. Alexander is a scholar of Middle Temple at GDL and BPTC level, and received the Sachs Award (top 5%) from City Law School for his results following the vocational element of his training. Alexander qualified as a mediator in 2010 and has since provided mediation training to barristers, solicitors and non-legal professionals, focusing on a facilitative approach to dispute resolution. Alexander is ranked by both Chambers & Partners and the Legal 500. ...

Web page updated on 21/05/2026

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