The Weekly Law Reports
[2003] 3 WLR 21
House of Lords
Société Eram Shipping Co Ltd v Compagnie Internationale de Navigation and others
[2003] UKHL 30
2003 March 17,
18;
June 12
June 12
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hobhouse of Woodborough and Lord Millett
Execution
— Third party debt proceedings
— Foreign bank
— Judgment creditor seeking to execute judgment against moneys held to account of foreign judgment debtors in foreign bank with place of business in England
— Debt sited in Hong Kong
— Judgment creditor obtaining third party debt order nisi against bank
— Applicable foreign law giving no discharge to bank in respect of moneys payable under order
— Whether restitutionary remedy available to bank in Hong Kong if order made absolute
— Whether order to be made absolute
—
CPR Pt 72; Sch. 1, RSC Ord 49, rr 1, 3, 8