CAYMAN ISLANDS Law and Practice Contributed by: Guy Manning, Harry Shaw and Shaun Tracey, Campbells
including against any such officer. The court also has the power to make a further order requiring the act to be done within another specified period of time or by another person at the expense of the disobedient party. Procedure The required procedure, stipulated in the Grand Court Rules (GCR), will depend upon the chosen method of execution, as summarised below. General – writ of execution The procedure for issuing a writ of execution (defined as a writ of fieri facias, a writ of possession, a writ of delivery, a writ of sequestration or a writ in aid of any other such writ) is given in GCR Order 46. Save in certain circumstances, a writ of execution may be issued without the leave of the court. However, where an application for leave to issue a writ of execution is required, it may be made ex parte unless the court directs that it be made by summons (and save for an application for leave to issue a writ of sequestration, which must be made by motion to a judge, and per - sonally served upon the person whose property is the subject of the writ). Any such application must be supported by an affida - vit that identifies the judgment and provides various other information. The judge hearing the application may grant or refuse leave or, if necessary, may first order that any issue or question be tried. Where the application is for leave to issue a writ of sequestra - tion, the judge may sit in private in any case in which, if the application were for an order for committal, they would be entitled to do so (ie, certain matters involving children, mental health, secrecy or national security, etc), though it will otherwise be heard in open court. As a formality, before a writ is issued, a praecipe for its issue (ie, a document signed by the person entitled to execution or, if they are represented, by their attorney) must be filed. Once issued, a writ of execution is valid for 12 months – a period which may be extended by the court from time to time, if an application for extension is made before the writ expires.
Any party at whose instance a writ of execution has been issued may serve a notice upon the bailiff to whom the writ was directed requiring them, within the time specified in the notice, to indorse on the writ a statement of the manner in which they have executed it, and to send that party a copy of the statement. If the bailiff fails to do so, the judgment creditor may seek an order requiring them to comply with the notice. Garnishee proceedings A garnishee is a person who is indebted to the judg - ment debtor, and who is therefore a person against whom execution may be sought provided the judg - ment is not for the payment of money into court. The procedure for garnishee proceedings is given in GCR Order 49. In summary, an application must be made ex parte supported by an affidavit stating the name and last known address of the judgment debt - or, identifying the judgment and stating the amount remaining unpaid, and stating that to the best of the deponent’s information or belief (giving sources of that information or grounds for the belief), the garnishee (naming them) is within the jurisdiction and is indebted to the judgment debtor. An order made pursuant to GCR Order 49 rule 1 will in the first instance be an order to show cause, speci - fying the time and place for further consideration of the matter, etc. Unless the court otherwise directs, such an order must be served upon the garnishee per - sonally at least 14 days before the hearing date, and on the judgment debtor at least seven days after the order has been served upon the garnishee and at least seven days before the hearing date. Such an order shall “bind in the hands of the garnishee as from the service of the order on him [or her] any debt specified in the order so much thereof as may be so specified”. If the garnishee does not attend the hearing or does not dispute the debt claimed to be due from them to the judgment debtor, the court may make the gar - nishee order absolute. Any such order may then be enforced in the same manner as any other order for the payment of money. If the garnishee disputes liability to pay the debt claimed to be due from them to the judgment debtor,
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