Mr Qabazard conspired with others to defraud the Kuwait Oil Tanker Company SAK and Sitka Shipping Inc of large sums of money. On 16 November 1998 Moore-Bick J gave judgment against him for over US$130m. Historically sums had been placed with the defendant, and garnishee orders were sought.
Held: It is not correct to characterise the garnishee or third party debt order as a claim in personam made against the third party in England. It is enforcement of the judgment in rem against the debt, which in this case was situated in Switzerland. The garnishee order was discharged.
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hobhouse of Woodborough Lord Millett
[2003] UKHL 31, Times 13-Jun-2003, Gazette 17-Jul-2003, [2003] 3 All ER 501, [2004] 1 AC 300, [2003] ILPr 45, [2003] 2 All ER (Comm) 101, [2003] 1 CLC 1206, [2003] 3 WLR 14
House of Lords, Bailii
Civil Jurisdiction and Judgments Act 1982 3A
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 . .
Cited – Denilauler v SNC Couchet Freres (Judgment) ECJ 21-May-1980
The courts of the place or, in any event, of the Contracting State, where the assets subject to the measures sought are located, are those best able to assess the circumstances which may lead to the grant or refusal of the measures sought or to the . .
Cited – AS-Autoteile Service GmbH v Pierre Malhe (Judgment) ECJ 4-Jul-1985
The particular areas which fall under Article 16, certain disputes regarding tenancies, companies, registers, industrial property and the enforcement of judgments, are matters which, because of their particular difficulty or complexity, require that . .
Cited – Babanaft International Co SA v Bassatne CA 30-Jun-1988
The court considered whether the state in which enforcement of a judgment will take place should be the place where the debt is situated upon which it is sought to execute.
Held: There was nothing to preclude English courts from granting . .
Cited – Reichert and Kockler v Dresdner Bank ECJ 26-Mar-1992
The case concerned article 16(5) of the Brussels Convention, among other articles.
Held: It is necessary to take account of the fact that the essential purpose of the exclusive jurisdiction of the courts of the place in which the judgment has . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Banking
Updated: 05 December 2021; Ref: scu.183380