Njord Partners SMA-Seal LP & Ors v Astir Maritime Ltd & Ors [2021] EWHC 1819 (Comm) (19 February 2021)

Njord Partners SMA-Seal LP & Ors v Astir Maritime Ltd & Ors [2021] EWHC 1819 (Comm) (19 February 2021)

The English court has jurisdiction to order oral examination of a judgment debtor residing abroad by video link under CPR Part 71, as the debtor is already subject to the court's personal jurisdiction and the mutual legal assistance treaty does not preclude such orders. There is no real prospect of success on appeal and no basis for a stay.

Citation
[2021] EWHC 1819 (Comm)
Parties
Claimant: NJORD PARTNERS SMA-SEAL LP; Claimant: NPSSF DEBT CO S.À R. L.; Claimant: AIE III INVESTMENTS, L. P; Claimant/judgment Creditor: NORDIC TRUSTEE AS; Defendant: ASTIR MARITIME LIMITED; Defendant/judgment Debtor: MUHAMMAD TAHIR LAKHANI; Defendant: MUHAMMAD ALI LAKHANI
Jurisdiction
England and Wales
Judgment Date
19 February 2021
Procedural Posture
Commercial Enforcement / Application for Stay Pending Appeal and Permission to Appeal
Outcome
Application for permission to appeal refused; application for stay refused.
Legal Topics
Enforcement of Judgments, Oral Examination of Judgment Debtor, Jurisdiction, Mutual Legal Assistance Treaties, Video Link Evidence
Civil Procedure Commercial Law International Law Enforcement of Judgments Oral Examination of Judgment Debtor Jurisdiction Mutual Legal Assistance Treaties Video Link Evidence

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Parties

NJORD PARTNERS SMA-SEAL LP

Claimant

NPSSF DEBT CO S.À R. L.

Claimant

AIE III INVESTMENTS, L. P

Claimant

NORDIC TRUSTEE AS

Claimant/judgment Creditor

ASTIR MARITIME LIMITED

Defendant

MUHAMMAD TAHIR LAKHANI

Defendant/judgment Debtor

MUHAMMAD ALI LAKHANI

Defendant

Procedural Posture

Commercial Enforcement / Application for Stay Pending Appeal and Permission to Appeal

Legal Issues

  1. 1 Whether CPR Part 71 order for oral examination by video link abroad is compatible with UK-UAE mutual legal assistance treaty
  2. 2 Whether English court has jurisdiction to order oral examination of judgment debtor residing abroad
  3. 3 Whether stay pending appeal should be granted

Ratio Decidendi

The English court has jurisdiction to order oral examination of a judgment debtor residing abroad by video link under CPR Part 71, as the debtor is already subject to the court's personal jurisdiction and the mutual legal assistance treaty does not preclude such orders. There is no real prospect of success on appeal and no basis for a stay.

Court Disposition

Application for permission to appeal refused; application for stay refused.

Orders

  • Permission to appeal refused
  • Stay of oral examination refused