Lloyd's Maritime Law Newsletter
Societe Eram Shipping Company Ltd v Compagnie Internationale De Navigation & Ors - Court of Appeal (Schiemann, Mance and Keene LJJ) - 7 August 2001
Judgment creditor seeking to enforce judgment for demurrage by obtaining garnishee order against judgment debtors’ Hong Kong bank - Bank carrying on business in England - Whether judgment creditor entitled to garnishee order against London branch of bank - Whether order should be refused on basis that bank might be placed in double jeopardy
The claimant (“Eram”) sued a Hong Kong company, and a Hong Kong resident (“the judgment debtors”) for demurrage, and obtained
judgment in the French courts. The judgment was registered in England under section 4 of the Civil Jurisdiction and Judgments
Act 1982. After registration, the claimant applied for a garnishee order to show cause, and Master Trench made such an order,
directed to the garnishee (“HSBC”), a Hong Kong bank with branches in England, at its Lower Thames Street, London branch.