Vladislav Zabelin v SPI Spirits (UK) Limited & Anor

Vladislav Zabelin v SPI Spirits (UK) Limited & Anor

The High Court lacked jurisdiction to make the Part 71 order as 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 affected jurisdiction and could not be cured under CPR 3.10.

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
Civil / Application to Set Aside Order for Examination of Judgment Debtor Under CPR 71
Outcome
Application to set aside the Part 71 order granted.
Legal Topics
Jurisdiction, Enforcement of Judgments, Employment Tribunal Awards, Procedural Errors

Case Brief

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Parties

Vladislav Zabelin

Claimant

SPI Spirits (UK) Limited

First Defendant

Yuri Shefler

Second Defendant

Procedural Posture

Civil / Application to Set Aside Order for Examination of Judgment Debtor Under CPR 71

  1. 1 Whether the High Court had jurisdiction to make the Part 71 order for examination of judgment debtor
  2. 2 Whether the order should be set aside because the judgment debtor was out of the jurisdiction
  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 as 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 affected jurisdiction and could not be cured under CPR 3.10.

Court Disposition

Application to set aside the Part 71 order granted.

Orders

  • The Part 71 order is set aside.