What must an application for provisional attachment set out, and what more is required of the claim and the grounds than simply stating them?
General information · Not legal advice
Material to check
In this practice material, we read the application for provisional attachment itself, checking that it identifies the claim and, where the claim is not a fixed money sum, the amount converted into money, together with the facts said to be grounds for attachment, and then the other papers in the file that bear on whether those matters are substantiated.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a checklist for the application: it must state the claim, and where the claim is not a fixed sum of money, the amount converted into money, and the facts constituting grounds for attachment under the preceding provision on grounds, with both the claim and the grounds then to be substantiated.
Another reading separates stating from proving, since the provision requires that the claim and the grounds be 'substantiated' without saying how that is to be done, so an application that merely lists the claim and the grounds falls short on its own, and the provision leaves open what form the substantiation must take.
Your judgment
Where the application names the claim and the grounds but the substantiation appears thin, what in the file could show that the grounds have been substantiated?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change what an attachment application must state or the level of substantiation it demands, or if a court decision sets what form of substantiation of the claim and the grounds is sufficient.