W Nagel (a firm) & Anor v Pluczenik & Anor

W Nagel (a firm) & Anor v Pluczenik & Anor

CPR Part 71 allows examination of a judgment debtor even when only unquantified costs orders remain outstanding; the process is validly invoked and not limited to quantified debts.

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 / Judgment on Appeal Against Order for Oral Examination Under CPR Part 71
Outcome
Appeal dismissed
Legal Topics
Enforcement of Judgments, Costs Orders, Oral Examination of Judgment Debtors, Jurisdiction Under CPR Part 71
Civil Procedure Commercial Law Enforcement of Judgments Costs Orders Oral Examination of Judgment Debtors Jurisdiction Under CPR Part 71

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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 / Judgment on Appeal Against Order for Oral Examination Under CPR Part 71

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 covered costs orders
  3. 3 Whether the exercise of discretion to continue CPR Part 71 proceedings was erroneous

Ratio Decidendi

CPR Part 71 allows examination of a judgment debtor even when only unquantified costs orders remain outstanding; the process is validly invoked and not limited to quantified debts.

Court Disposition

Appeal dismissed

Orders

  • CPR Part 71 proceedings to continue against the Directors for information regarding enforcement of costs orders
  • Further costs orders against Pluczenik, some on indemnity basis, some on standard basis