The claimant judgment creditor sought a third party payment order. An interim third party payment order had already been obtained byanother party. The claimant sought payment pari passu.
Held: The other party had priority once their interim order was made absolute. A garnishee order nisi created a defeasible charge in favour of the judgment creditor in respect of the debt garnisheed. That effect was preserved for third party payment orders by the Rules.
Judges:
Cooke J
Citations:
Times 27-Feb-2006
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation HL 12-Jun-2003
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged.
Held: A third party debt order is a proprietary remedy operating . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 07 May 2022; Ref: scu.238870