Deutsche Bank AG v Alexander Vik

Deutsche Bank AG v Alexander Vik

The Court of Appeal held that the court retains inherent power to make further orders for examination under CPR r.71.2(1)(b) to enforce compliance with an existing order, even if the officer is no longer within the jurisdiction or an officer of the company, provided the process begun by personal service of the original order is not exhausted. The further order is just and convenient to give effect to the original order. Service on solicitors on the record was valid in this case.

Parties
Claimant/appellant: Deutsche Bank AG; Defendant/respondent: Mr Alexander Vik
Jurisdiction
England and Wales
Judgment Date
12 May 2026
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Inherent Jurisdiction, Committal for Contempt, Service of Process, Examination of Judgment Debtor, Third Party Costs Orders
Civil Procedure Enforcement of Judgments Inherent Jurisdiction Committal for Contempt Service of Process Examination of Judgment Debtor Third Party Costs Orders

Case Brief

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Parties

Deutsche Bank AG

Claimant/appellant

Mr Alexander Vik

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the court retains inherent power to order further examination of an officer of a judgment debtor who has failed to comply with a CPR r.71.2(1)(b) order after leaving the jurisdiction or ceasing to be an officer
  2. 2 Whether the process under CPR Part 71 is exhausted after the initial examination date
  3. 3 Whether a further order for examination is just and convenient to enforce compliance with the original order

Ratio Decidendi

The Court of Appeal held that the court retains inherent power to make further orders for examination under CPR r.71.2(1)(b) to enforce compliance with an existing order, even if the officer is no longer within the jurisdiction or an officer of the company, provided the process begun by personal service of the original order is not exhausted. The further order is just and convenient to give effect to the original order. Service on solicitors on the record was valid in this case.

Court Disposition

Appeal allowed

Orders

  • Order for further examination of Mr Vik to be made; parties to make submissions on form of order
  • Finding that service on Brecher LLP was valid