This article considers the law of breach of arrestment. The subject has not attracted much interest, and the only extended treatment is in Stewart on Diligence. Even Stewart does not discuss some aspects of the subject, and moreover some of what he says is of doubtful accuracy. So no apology is made for this new study. The article is divided into sections dealing with (1) the relationship between arrester and the arrestee, (2) the relationship between the arrestee and the common debtor, (3) the position of fourth parties, (4) penal consequences of breach, (5) breach of earnings arrestments, and (6) breach in favour of the arrester.
|Publication status||Published - 1991|