Examination of foreign judgment debtor

Masri v Consolidated Contractors International (UK) Ltd and others (4) [2009] UKHL 43; TLR 13 August

The Queen’s Bench master set aside a without notice order made under r71.2 of the CPR directing Mr Khoury, who was an officer of the foreign judgment debtor, Consolidated Contractors International (UK) Ltd to attend court and provide information of his company’s foreign assets. Mr Khoury was resident and domiciled in Greece, the company was a Lebanese company also domiciled in Greece. The Court of Appeal allowed Mr Khoury’s appeal against the order but the House of Lords has restored the order on the grounds that the judgment creditor could not obtain an order for examination of an officer of a company who was outside the jurisdiction.