The case concerned a garnishee order absolute made in respect of a debt situated in England, and the House was not called upon to consider the position where foreign debts were in issue.
Held: (Majority) The court has a ‘discretionary power to make a garnishee order absolute’ and concluded that it would be ‘inequitable where the payment by the garnishee under the order absolute will not necessarily discharge his liability under the attached debt, there being a real risk that he may be held liable in some foreign court to pay a second time.
Judges:
Lord Goff of Chieveley
Citations:
[1990] 1 AC 295
Jurisdiction:
England and Wales
Cited by:
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, Jurisdiction
Updated: 16 June 2022; Ref: scu.183545