The court set aside a garnishee order attaching a debt and compelling immediate payment to the plaintiff, in circumstances that would prefer the plaintiff over all other creditors. Lord Denning said: ‘The general principle, when there is no insolvency, is that the person who gets in first gets the fruits of his diligence’ but ‘the court will not allow one creditor, however diligent he may be, to get an advantage over the others by getting in first with a garnishee order.’
Judges:
Lord Denning MR, Edmund Davies and Phillimore LJJ
Citations:
[1969] 1 All ER 999
Litigation Practice
Updated: 15 May 2022; Ref: scu.463352