Cunningham Law Caribbean has successfully challenged an invalid writ of execution in the High Court on Montserrat (a British Overseas Territory). In a Ruling delivered January 7, 2021 by The Hon. Mr. Justice Iain Morley QC it was held that a writ of execution requires seizure and sale, not just seizure, such that items seized could not be auctioned 16 months later by which time the writ was defunct. There could and should have been no further seizure under the defunct writ and therefore items so auctioned were wrongly sold.

 

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