Zabelin v SPI Spirits (UK) Ltd & Anor [2025] EWHC 2147 (KB) (15 August 2025)

Zabelin v SPI Spirits (UK) Ltd & Anor [2025] EWHC 2147 (KB) (15 August 2025)

The High Court lacked jurisdiction to make the Part 71 order because the application was not issued in the County Court as required by CPR 71.2, and the proceedings had not been transferred to the High Court at the time of the application. The procedural error was jurisdictional and could not be cured under CPR 3.10.

Citation
[2025] EWHC 2147 (KB)
Parties
Claimant: Vladislav Zabelin; First Defendant: SPI Spirits (UK) Limited; Second Defendant: Yuri Shefler
Jurisdiction
England and Wales
Judgment Date
15 August 2025
Procedural Posture
Application to Set Aside Order for Examination of Judgment Debtor Under CPR 71 / Post Judgment, Enforcement Proceedings
Outcome
Application granted; Part 71 order set aside.
Legal Topics
Enforcement of Tribunal Awards, Jurisdiction, Procedural Error, CPR 71 Applications
Civil Procedure Employment Law Enforcement of Tribunal Awards Jurisdiction Procedural Error CPR 71 Applications

Case Brief

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Parties

Vladislav Zabelin

Claimant

SPI Spirits (UK) Limited

First Defendant

Yuri Shefler

Second Defendant

Procedural Posture

Application to Set Aside Order for Examination of Judgment Debtor Under CPR 71 / Post Judgment, Enforcement Proceedings

Legal Issues

  1. 1 Whether the High Court had jurisdiction to make the Part 71 order for examination of a judgment debtor based on an Employment Tribunal award
  2. 2 Whether the Part 71 order should be set aside because the judgment debtor was out of the jurisdiction at the time of the application
  3. 3 Whether the court should exercise discretion under CPR 3.10 to correct a procedural error

Ratio Decidendi

The High Court lacked jurisdiction to make the Part 71 order because the application was not issued in the County Court as required by CPR 71.2, and the proceedings had not been transferred to the High Court at the time of the application. The procedural error was jurisdictional and could not be cured under CPR 3.10.

Court Disposition

Application granted; Part 71 order set aside.

Orders

  • The Part 71 order for examination of judgment debtor is set aside.