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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the High Court had jurisdiction to make the Part 71 order for examination of judgment debtor
- 2 Whether the order should be set aside because the judgment debtor was out of the jurisdiction
- 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.
Full Case Text
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