Extraterritorial disclosure—post-judgment
Extraterritorial disclosure—post-judgment

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Extraterritorial disclosure—post-judgment
  • Court's jurisdiction
  • Application linked to freezing injunction
  • Stand-alone application
  • What disclosure will the court order?
  • The test
  • How to apply

This Practice Note considers how a judgment creditor can obtain information about a judgment debtor's assets that are located overseas. Extraterritorial post-judgment disclosure is usually ordered in conjunction with a freezing injunction, though it can be ordered on a stand-alone basis.

In this Practice Note the Senior Courts Act 1981 is referred to as SCA 1981.

Court's jurisdiction

The court has jurisdiction to order disclosure post-judgment under section 37 of the SCA 1981 (formerly the Supreme Court Act 1981). While section 37 does not state on its face that it applies to disclosure, in Maclaine, the court held that the section gave the court power to make any ancillary order, including an order for disclosure to ensure the effectiveness of another order of the court. In Gulati (see para 707 of the judgment), the court was also of the opinion that it had jurisdiction to make post judgment disclosure orders. In this case the claimants had requested the court to order a post judgment inquiry/disclosure in a privacy claim (as opposed to for the purposes of enforcement) and the judge did not rely on section 37 as authority for the power to make such an order, but stated that this was within the court's equitable jurisdiction, although he declined to make the order on the particular facts of the case..

Under CPR