Nordic Trustee AS & Ors v Lakhani & Ors [2021] EWHC 369 (Comm) (18 February 2021)

Nordic Trustee AS & Ors v Lakhani & Ors [2021] EWHC 369 (Comm) (18 February 2021)

The English court has jurisdiction to make a CPR Part 71 Order against a judgment debtor resident abroad who is a party to English proceedings. Service was validly effected by alternative means as ordered. The UK-UAE Treaty does not preclude such an order, nor is there evidence that compliance would be unlawful in the UAE. No valid reason was shown for adjournment.

Citation
[2021] EWHC 369 (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/respondent: NORDIC TRUSTEE AS; Defendant: ASTIR MARITIME LIMITED; Defendant/judgment Debtor/applicant: MUHAMMAD TAHIR LAKHANI; Defendant: MUHAMMAD ALI LAKHANI
Jurisdiction
England and Wales
Judgment Date
18 February 2021
Procedural Posture
Commercial Enforcement Proceedings / Interlocutory Application to Set Aside/adjourn CPR Part 71 Order
Outcome
Application dismissed
Legal Topics
Enforcement of Judgments, Examination of Judgment Debtor, Service Out of Jurisdiction, International Judicial Assistance, Treaty Interpretation
Civil Procedure Commercial Law Conflict of Laws Enforcement of Judgments Examination of Judgment Debtor Service Out of Jurisdiction International Judicial Assistance Treaty Interpretation

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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/respondent

ASTIR MARITIME LIMITED

Defendant

MUHAMMAD TAHIR LAKHANI

Defendant/judgment Debtor/applicant

MUHAMMAD ALI LAKHANI

Defendant

Procedural Posture

Commercial Enforcement Proceedings / Interlocutory Application to Set Aside/adjourn CPR Part 71 Order

Legal Issues

  1. 1 Whether CPR Part 71 Order can be made and enforced against a judgment debtor resident in the UAE
  2. 2 Whether service of the Part 71 Order was valid
  3. 3 Whether the UK-UAE Treaty on judicial assistance precludes such an order

Ratio Decidendi

The English court has jurisdiction to make a CPR Part 71 Order against a judgment debtor resident abroad who is a party to English proceedings. Service was validly effected by alternative means as ordered. The UK-UAE Treaty does not preclude such an order, nor is there evidence that compliance would be unlawful in the UAE. No valid reason was shown for adjournment.

Court Disposition

Application dismissed

Orders

  • Mr Lakhani's application to set aside the Part 71 Order is dismissed.
  • The CPR Part 71 examination on 22 February 2021 shall proceed as listed.