Understanding the general concept
In general terms, a precautionary attachment is a measure available in some legal systems, including the UAE's, that allows a creditor to ask the competent court to place a form of protective restriction over specific assets belonging to a debtor, before or during a dispute over the underlying claim.
The general idea is to prevent a situation where, by the time a decision is reached, there is nothing left to recover against. However, this is a protective step, not a determination of the merits — the court still needs to be satisfied of certain conditions before granting it, and the underlying dispute is assessed separately.
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What may be relevant to the court's assessment
These factors, and how they are weighed, depend heavily on the specific facts and on the procedure in force at the time, so general information cannot predict whether a request would be granted.
- Whether there appears to be a serious basis for the underlying claim.
- Whether there is a genuine concern about the ability to recover later.
- The nature and location of the assets concerned.
- Any conditions attached under the applicable procedure.
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Practical steps
- 1Identify clearly what assets and what underlying claim are involved.
- 2Gather documents supporting both the claim and the concern about recovery.
- 3Confirm the current procedure and conditions with appropriate advice.
- 4Consider how this measure fits alongside the main claim.
