Schefenacker v Horvat

Schefenacker v Horvat

The High Court has jurisdiction under CPR Part 71 to make an order for examination of a judgment debtor based on a foreign judgment enforceable under the recast Brussels Regulation. The Regulation is directly applicable and provides for recognition and enforcement of foreign judgments as if they were domestic. CPR Part 71 is part of the enforcement process, and there is precedent for its use in relation to foreign judgments. The application could properly be made without notice, and the existence of a statutory demand does not preclude use of CPR 71.

Parties
Claimant/respondent: Alfred Schefenacker; Defendant/applicant: Darko Horvat
Jurisdiction
England and Wales
Judgment Date
24 February 2020
Procedural Posture
Application to Set Aside Order for Examination Under CPR Part 71 / Ruling on Application to Set Aside Order
Outcome
Application dismissed
Legal Topics
Jurisdiction Under CPR Part 71, Recognition and Enforcement of Foreign Judgments, Application of EU Regulation 1215/2012, Without Notice Applications
Civil Procedure Enforcement of Judgments Private International Law Jurisdiction Under CPR Part 71 Recognition and Enforcement of Foreign Judgments Application of EU Regulation 1215/2012 Without Notice Applications

Case Brief

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Parties

Alfred Schefenacker

Claimant/respondent

Darko Horvat

Defendant/applicant

Procedural Posture

Application to Set Aside Order for Examination Under CPR Part 71 / Ruling on Application to Set Aside Order

Legal Issues

  1. 1 Whether the High Court has jurisdiction under CPR Part 71 to order examination of a judgment debtor based on a foreign judgment
  2. 2 Whether CPR Part 71 is an enforcement process within the meaning of the recast Brussels Regulation (EU) No 1215/2012
  3. 3 Whether the application could be made without notice

Ratio Decidendi

The High Court has jurisdiction under CPR Part 71 to make an order for examination of a judgment debtor based on a foreign judgment enforceable under the recast Brussels Regulation. The Regulation is directly applicable and provides for recognition and enforcement of foreign judgments as if they were domestic. CPR Part 71 is part of the enforcement process, and there is precedent for its use in relation to foreign judgments. The application could properly be made without notice, and the existence of a statutory demand does not preclude use of CPR 71.

Court Disposition

Application dismissed

Orders

  • The application to set aside the order for examination under CPR Part 71 is dismissed.