Q&As

Can you obtain an order to attend court for questioning against a judgment debtor who is outside the jurisdiction?

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Published on LexisPSL on 16/03/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can you obtain an order to attend court for questioning against a judgment debtor who is outside the jurisdiction?

The issue of whether CPR 71 can be used where a person is resident outside the jurisdiction has been considered by both the Court of Appeal and House of Lords.

The Court of Appeal in Union Bank of Finland Ltd v Lelakis, a decision decided under the precursor to CPR 71, held that when dealing with an order for examination of assets:

‘Service out of the jurisdiction of orders ancillary to execution after judgment, such as an order under RSC Ord 48, r 1 to attend before the court to be examined as to assets, was valid if the proceedings were appropriate for service of the writ out of the jurisdiction without leave, in that they complied with Ord 11, r 9(4). Order 11, r 9(4) was concerned with substance (ie the nature of the process) rather than mere form.’

The House of Lords in, the later decision of, Masri v Consolidated Contractors was specifically considering whether an officer of a judgment debtor resident abroad, not the judgment debtor, could be ordered to attend court. It was held that they could not be. However,

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