Sequestration - a last resort
Sequestration in England and Wales is the process of enforcement where previous court orders have been ignored. (In Scotland, sequestration refers to insolvency procedures). At BDO Stoy Hayward we have specialists who understand the complex laws around sequestration.

Sequestration is normally only invoked after a serious case of contempt of court has arisen. This can arise in criminal or civil proceedings and be against individuals or companies.

Examples of the cases we deal with include matrimonial proceedings where the contemptor removed a child from the Court’s jurisdiction and criminal proceedings arising from manslaughter charges.

The proceedings are launched with a writ of sequestration being granted in accordance with CPR Part 23 under the auspices of a judge. The sequestration writ, once issued, binds the property of the defendant from the time it is issued. The writ of sequestration will lay out what specific powers have been given to the sequestrators to enable them to carry out the sequestration.

The effect of the Writ is to restrain the contemptor from dealing with the property detailed therein. Anyone acting on a sequestration writ is not above the law. Sequestrators can be sued if they act outside of the sequestration writ or are negligent in their management of the process or the how they look after articles recovered as a result of restraint and confiscation.

If you need further information on sequestration or restraint and confiscation, please contact one of our advisers.