Q&As

Can a third party debt order be made against the judgement debtors account if it is a bank whose head office is in Scotland other parts of the UK other than England (ie out of the jurisdiction)?

read titleRead full title
Produced in partnership with David Sawtell of 39 Essex Chambers
Published on LexisPSL on 06/09/2016

The following Dispute Resolution Q&A produced in partnership with David Sawtell of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • Can a third party debt order be made against the judgement debtors account if it is a bank whose head office is in Scotland other parts of the UK other than England (ie out of the jurisdiction)?
  • Civil Procedure Rules
  • Third party debt orders

Can a third party debt order be made against the judgement debtors account if it is a bank whose head office is in Scotland other parts of the UK other than England (ie out of the jurisdiction)?

Civil Procedure Rules

Third party debt orders are governed by CPR 72.

CPR 72.1(1) states that:

‘This Part contains rules which provide for a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor.’

This makes it clear that the third party must owe the debt within the jurisdiction.

What is significant is not so much where the bank’s head office is located, but where the bank account (or, more accurately, the debt owed by the bank to the judgment debtor) is located. The third party debt order attaches to the debt.

By paying the judgment creditor pursuant to a third party debt order, the bank is discharging its debt to the judgment debtor. This mechanism breaks down if the debt or account is outside the jurisdiction of the court as the debt may not be discharged.

Third party debt orders

As identified in Practice Note: What is a third party debt order (TPDO)? each EU member state has exclusive jurisdiction to enforce their own judgments. An EU state will not recognise the

Related documents:

Popular documents