Masri v Consolidated Contractors International Company SAL & Ors

Masri v Consolidated Contractors International Company SAL & Ors

The English court, having substantive jurisdiction over the judgment debtors, has jurisdiction under CPR 71 to order an officer of a judgment debtor (TK) to attend court and provide information for enforcement, even if resident abroad. The Evidence Regulation does not apply to such orders, and the Brussels I Regulation does not preclude them. Service out of the jurisdiction is permissible. The order against SK was properly set aside as he was not an officer of the judgment debtor. The order against TK should be restored, subject to any remaining issues as to service.

Parties
Claimant/judgment Creditor/appellant: Munib Masri; Defendant/judgment Debtor: Consolidated Contractors International Company SAL; Defendant/judgment Debtor: 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
Civil Appeal / Appeal From Order Setting Aside Without Notice Order Under CPR 71
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Jurisdiction Under CPR 71, Service Out of Jurisdiction, Brussels I Regulation, Evidence Regulation, Full and Frank Disclosure
Civil Procedure Enforcement of Judgments Private International Law Jurisdiction Under CPR 71 Service Out of Jurisdiction Brussels I Regulation Evidence Regulation Full and Frank Disclosure

Case Brief

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Parties

Munib Masri

Claimant/judgment Creditor/appellant

Consolidated Contractors International Company SAL

Defendant/judgment Debtor

Consolidated Contractors (Oil & Gas) Company SAL

Defendant/judgment Debtor

Toufic Said Khoury

Addressee/respondent

Samer Said Khoury

Addressee/respondent

Procedural Posture

Civil Appeal / Appeal From Order Setting Aside Without Notice Order Under CPR 71

Legal Issues

  1. 1 Whether the English court had jurisdiction under CPR 71 to order a foreign officer of a foreign judgment debtor to attend court and provide information for enforcement purposes
  2. 2 Whether the Evidence Regulation or Brussels I Regulation precluded such an order
  3. 3 Whether the order could be served out of the jurisdiction

Ratio Decidendi

The English court, having substantive jurisdiction over the judgment debtors, has jurisdiction under CPR 71 to order an officer of a judgment debtor (TK) to attend court and provide information for enforcement, even if resident abroad. The Evidence Regulation does not apply to such orders, and the Brussels I Regulation does not preclude them. Service out of the jurisdiction is permissible. The order against SK was properly set aside as he was not an officer of the judgment debtor. The order against TK should be restored, subject to any remaining issues as to service.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appeal dismissed as to SK; order against SK set aside
  • Appeal allowed as to TK; order against TK restored, subject to any remaining issues as to service