No CrossRef data available.
Article contents
Third Party Debt Orders (Garnishee Orders)—Foreign Bank Accounts
Published online by Cambridge University Press: 24 November 2003
Extract
Many judgment debtors have assets in England and the English courts have wide powers to enforce both domestic and foreign judgments. In the past the courts have considered that garnishee orders (now called third party debt orders) could be made over assets abroad. However, the House of Lords has recently refused to grant such orders over bank accounts held with branches overseas. In Socit Eram Shipping Co. Ltd. v. Cie. Internationale de Navigation [2003] UKHL 30, [2003] 3 W.L.R. 14, Soc. Eram sought to enforce a French judgment, requesting a final third party debt order over various accounts held by the judgment debtors with HSBC in Hong Kong. The bank had a branch in London at which it could be served with the order. It argued that it was at risk of double jeopardy as the Hong Kong courts would not recognise the English third party debt order as discharging its liability.
- Type
- Case and Comment
- Information
- Copyright
- Copyright © Cambridge Law Journal and Contributors 2003