Lloyd's Maritime and Commercial Law Quarterly
OWING, OWNING AND THE GARNISHING OF FOREIGN DEBTS
Société Eram
v. HSBC
1
KOTCO
v. UBS
2
The manner in which English law allows judgment creditors to enforce the orders they have obtained,3
and the remedies open to those aspiring to become judgment creditors to pave the way to the enforcement of claims, have developed in piecemeal form. Even to the trained eye, never mind the untrained eye, appearances can be deceptive. This may be the explanation for two judgments of the House of Lords on the third party debt order (née
1. [2003] U.K.H.L. 30; [2003] 3 W.L.R. 21, H.L.: Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Millett. The author noted the decision of the Court of Appeal at (2001) 72 BYBIL 454.
2. [2003] U.K.H.L. 31; [2003] 3 W.L.R. 14, with the same panel. The author noted the decision of Langley, J., at (2001) 72 BYBIL 454.
3. Whether by the original judgment of the court or by way of enforcement of a judgment from another Contracting State under the Brussels and Lugano Conventions (Civil Jurisdiction and Judgments Act 1982, s. 4) or under Council Regulation (EC) 44/2001 (Civil Jurisdiction and Judgments Order 2001, SI 2001 No. 3929, Sched. 1, para. 2(2)).
CASE AND COMMENT
419