16/12/2016

Deutsche Bank AG v Sebastian Holdings Inc [2016] EWHC 3222 (Comm)

Duncan Matthews QC and Charlotte Tan successfully resist an application for permission to service out in Deutsche Bank AG v Sebastian Holdings Inc [2016] EWHC 3222 (Comm) In the latest instalment of the ongoing dispute between Deutsche Bank AG (“DBAG”) and Sebastian Holdings Inc. (“SHI”), DBAG sought permission to serve a committal application against an officer of SHI, Mr. Alexander Vik, outside the jurisdiction. DBAG had previously obtained an order for the examination of Mr. Vik, as the officer of a judgment debtor, under CPR Part 71, and the committal application related to his alleged failure to give full disclosure in relation to that order. Although Teare J held that an officer of a judgment debtor could, in principle, be committed for breach of an order made under Part 71 even when he was outside the jurisdiction, his Lordship went on to decide that DBAG’s application did not fall within within the gateway for service out relied upon, namely PD6B, para 3.1(10), which applies where ‘a claim is made to enforce any judgment or arbitral award’.  A Part 71 order for cross-examination of an officer of a judgment debtor did not, as a matter of construction, fall within the meaning of “judgment” in the gateway and allowing service out of a committal application for breach of such an order would not be consistent with the legislative purpose of the gateway, which was instead to fill a gap in the service regime in relation to claims to enforce foreign money judgments at common law.  DBAG’s application for service out was therefore refused. Duncan Matthews QC and Charlotte Tan acted for the successful respondent, Mr Alexander Vik.