The claimant sought a writ ne exeat regno against the defendant debtor.
Held: The power given to the tipstaff to arrest a debtor is an elderly remedy, and should only be exercised when the requirements were strictly met, and those requirements should not be relaxed. It should only be used where it was proportionate and necessary.
Judges:
Norris QC, J
Citations:
Times 03-Oct-2003
Statutes:
Jurisdiction:
England and Wales
Citing:
Distinguished – Al Nahkel for Contracting and Trading Ltd v Lowe 1986
A writ ne exeat regno could be granted when it would have the effect of preserving assets within the jurisdiction. . .
Cited – Allied Arab Bank Ltd v Hajjar 1988
A court refuse a writ ne exeat regno where he purpose was not directly to pursue the main court action, but rather to support an injunction. Instead the court ordered the defendant to surrender his passport which left him at large within the UK, but . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 21 June 2022; Ref: scu.186530