W Nagel (a firm) & Anor v Pluczenik & Anor [2019] EWHC 3126 (QB) (21 November 2019)

W Nagel (a firm) & Anor v Pluczenik & Anor [2019] EWHC 3126 (QB) (21 November 2019)

CPR Part 71 permits examination of a judgment debtor even when the only outstanding part of the judgment is an unquantified costs order; the process is not limited to quantified debts and is justified as an information-gathering tool. The application and orders in this case properly included the costs orders, and the Master's exercise of discretion to continue the process was not plainly wrong.

Citation
[2019] EWHC 3126
Parties
Claimant/respondent: W Nagel (A Firm); Defendant/appellant: Pluczenik Diamond Company NV; Defendant/appellant: Chaim Pluczenik; Defendant/appellant: Tsvi Pluczenik
Jurisdiction
England and Wales
Judgment Date
21 November 2019
Procedural Posture
Appeal / High Court Appeal From London Circuit Commercial Court
Outcome
Appeal dismissed
Legal Topics
CPR Part 71, Costs Orders, Judgment Debtor Examination, Jurisdiction, Case Management Discretion
Civil Procedure Enforcement of Judgments CPR Part 71 Costs Orders Judgment Debtor Examination Jurisdiction Case Management Discretion

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Parties

W Nagel (A Firm)

Claimant/respondent

Pluczenik Diamond Company NV

Defendant/appellant

Chaim Pluczenik

Defendant/appellant

Tsvi Pluczenik

Defendant/appellant

Procedural Posture

Appeal / High Court Appeal From London Circuit Commercial Court

Legal Issues

  1. 1 Whether CPR Part 71 allows examination of a judgment debtor when only unquantified costs orders remain outstanding
  2. 2 Whether the application and orders under CPR Part 71 included unquantified costs orders
  3. 3 Whether the Master erred in the exercise of discretion in continuing the CPR Part 71 process

Ratio Decidendi

CPR Part 71 permits examination of a judgment debtor even when the only outstanding part of the judgment is an unquantified costs order; the process is not limited to quantified debts and is justified as an information-gathering tool. The application and orders in this case properly included the costs orders, and the Master's exercise of discretion to continue the process was not plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • Refusal to set aside or vary the order for continuation of CPR Part 71 examination
  • Penal notices addressed to the Directors