Masri v Consolidated Contractors International Company SAL & Ors [2008] EWCA Civ 876 (28 July 2008)

Masri v Consolidated Contractors International Company SAL & Ors [2008] EWCA Civ 876 (28 July 2008)

The English court, having substantive jurisdiction over the judgment debtors, has jurisdiction under CPR 71 to order an officer of a foreign judgment debtor to attend court and provide information for enforcement, even if the officer is domiciled abroad. The term 'officer of that body' in CPR 71.2 does not extend to...

Source-derived case information.

Citation
[2008] EWCA Civ 876
Parties
Claimant/judgment Creditor/appellant: Munib Masri; Defendant/judgment Debtor/respondent: Consolidated Contractors International Company SAL; Defendant/judgment Debtor/respondent: Consolidated Contractors (Oil & Gas) Company SAL; Addressee/respondent: Toufic Said Khoury; Addressee/respondent: Samer Said Khoury
Jurisdiction
England and Wales
Judgment Date
28 July 2008
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Queen's Bench Division, Commercial Court
Outcome
Appeal allowed in part, dismissed in part.
Legal Topics
Jurisdiction Under CPR 71, Service Out of Jurisdiction, Brussels I Regulation, Evidence Regulation, Examination of Officers of Judgment Debtors
Civil Procedure Enforcement of Judgments Private International Law Jurisdiction Under CPR 71 Service Out of Jurisdiction Brussels I Regulation Evidence Regulation Examination of Officers of Judgment Debtors

Source-derived case record

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Parties

Munib Masri

Claimant/judgment Creditor/appellant

Consolidated Contractors International Company SAL

Defendant/judgment Debtor/respondent

Consolidated Contractors (Oil & Gas) Company SAL

Defendant/judgment Debtor/respondent

Toufic Said Khoury

Addressee/respondent

Samer Said Khoury

Addressee/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Queen's Bench Division, Commercial Court

Legal Issues

  1. 1 Whether the English court has jurisdiction under CPR 71 to order a foreign officer of a foreign judgment debtor to attend court and provide information for enforcement of a judgment
  2. 2 Whether 'officer of that body' in CPR 71.2 includes a director of a corporate director of the judgment debtor
  3. 3 Whether such orders contravene the Brussels I Regulation or the Evidence Regulation

Ratio Decidendi

The English court, having substantive jurisdiction over the judgment debtors, has jurisdiction under CPR 71 to order an officer of a foreign judgment debtor to attend court and provide information for enforcement, even if the officer is domiciled abroad. The term 'officer of that body' in CPR 71.2 does not extend to a director of a corporate director of the judgment debtor. The Brussels I Regulation and the Evidence Regulation do not preclude such orders. Service out of the jurisdiction is permissible under CPR 6.30(2).

Court Disposition

Appeal allowed in part, dismissed in part.

Orders

  • Order under CPR 71 against Toufic Said Khoury reinstated; court had jurisdiction to make the order.
  • Order under CPR 71 against Samer Said Khoury dismissed; he was not an officer of the judgment debtor within the meaning of the rule.