Nordic Trustee AS & Ors v Lakhani & Ors

Nordic Trustee AS & Ors v Lakhani & Ors

The court held that a CPR Part 71 Order can be made and enforced against a judgment debtor who is a party to English proceedings even if resident abroad, that service was effective by alternative means as ordered, that the UK-UAE Treaty does not preclude such an order, and that there was no evidence or legal basis to set aside or adjourn the order.

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 / Application to Set Aside 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 / Application to Set Aside 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 complied with procedural and treaty requirements
  3. 3 Whether the Treaty between UK and UAE on judicial assistance precludes a Part 71 Order

Ratio Decidendi

The court held that a CPR Part 71 Order can be made and enforced against a judgment debtor who is a party to English proceedings even if resident abroad, that service was effective by alternative means as ordered, that the UK-UAE Treaty does not preclude such an order, and that there was no evidence or legal basis to set aside or adjourn the order.

Court Disposition

Application dismissed

Orders

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