Société Eram Shipping Company Ltd v Compagnie Internationale De Navigation

Judgment creditor seeking to enforce judgment for demurrage by obtaining garnishee order against judgment debtors’ Hong Kong bank - Bank carrying on business in England but judgment debtors’ account was in Hong Kong - Whether judgment creditor entitled to garnishee order absolute against London branch of bank

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. One or other of the judgment debtors held an account in Hong Kong with the Hong Kong and Shanghai Banking Corporation Ltd ("HSBC"), a Hong Kong Bank with branches in England. The claimant obtained a garnishee order nisi (now known as an interim third party debt order) directed to HSBC at its Lower Thames Street, London, branch.