Vik v Deutsche Bank AG

Vik v Deutsche Bank AG

A committal application for breach of a CPR 71 order may proceed under CPR 81.4, as the procedures are complementary and not mutually exclusive; the committal application is incidental to the CPR 71 order, and jurisdiction established for the CPR 71 order extends to enforcement, including committal, even if the alleged contemnor is outside the jurisdiction.

Parties
Appellant: Mr Alexander Vik; Respondent: Deutsche Bank AG
Jurisdiction
England and Wales
Judgment Date
06 September 2018
Procedural Posture
Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed; cross-appeal academic
Legal Topics
Committal Proceedings, Jurisdiction, Service Out of Jurisdiction, CPR 71 and CPR 81, Incidental Jurisdiction, Recast Brussels Regulation
Civil Procedure Enforcement of Judgments Contempt of Court Committal Proceedings Jurisdiction Service Out of Jurisdiction CPR 71 and CPR 81 Incidental Jurisdiction +1 more

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Parties

Mr Alexander Vik

Appellant

Deutsche Bank AG

Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether committal application for breach of CPR 71 order can proceed under CPR 81.4 rather than CPR 71.8
  2. 2 Whether committal application is incidental to CPR 71 order for jurisdictional purposes
  3. 3 Whether permission to serve committal application out of jurisdiction is required

Ratio Decidendi

A committal application for breach of a CPR 71 order may proceed under CPR 81.4, as the procedures are complementary and not mutually exclusive; the committal application is incidental to the CPR 71 order, and jurisdiction established for the CPR 71 order extends to enforcement, including committal, even if the alleged contemnor is outside the jurisdiction.

Court Disposition

Appeal dismissed; cross-appeal academic

Orders

  • Jurisdiction established for committal application under CPR 81.4 as incidental to CPR 71 order
  • No permission required to serve committal application out of jurisdiction