Source: All England Reporter
Publisher Citation: [2002] All ER (D) 217 (Jan)
Court: Court of Appeal, Civil Division
Judge:

Peter Gibson, Laws and Longmore LJJ

Representation Mark Hoyle (instructed by Shaw & Croft) for the claimants.
  Laurence Rabinowitz (instructed by Allen & Overy) for UBS.
  The defendants did not appear and were not represented.
Judgment Dates: 25 January 2002

Catchwords

Execution - Garnishee order - Debts owing or accruing from foreign defendants - Garnishee bank incorporated and registered in Switzerland but having place of business in England - Judgment debtor having had accounts with garnishee bank in London and Switzerland - Garnishee bank revealing only that no debt was due to judgment debtor from London branch - Whether English court having jurisdiction to make garnishee order absolute - Whether appropriate for court to make garnishee order absolute where garnishee bank could be open to civil and criminal liability in Switzerland - Lugano Convention Art 16(5).

The Case

Where a garnishee bank was open to civil and criminal proceedings in a foreign state if it revealed the statements of account of a judgment debtor in a foreign jurisdiction the court would not make any order on an appeal from a refusal to make absolute the garnishee order, instead allowing the judgment creditor to take proceedings in the foreign courts to lead to the production of such statements of account. The case could then be remitted to the Commercial Court to decide whether to make the order absolute.

Practice Areas

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