Garnishee Order in UK Law

Leading Cases
  • Choice Investments Ltd v Jeromnimon
    • Court of Appeal (Civil Division)
    • 06 November 1980

    It denotes one who is required to "garnish", that is to furnish a creditor with the money to pay off a debt. A creditor is owed £100 by a debtor. The debtor does not pay. The creditor then discovers that the debtor is a customer of a bank and has £150 at his bank. The creditor can get a "garnishes" order against the bank by which the bank is required to pay into court or direct to the creditor - out of its customer's £150 - the £100 which he owes to the creditor.

  • Deutsche Schachtbau-und Tiefbohrgesellschaft m.b.H. v R'as al-Khaimah National Oil Company
    • House of Lords
    • 23 June 1988

    It has to be recognised that a debt is a species of property which may be recoverable by legal process from a debtor in more than one jurisdiction and it would be entirely inequitable that the garnishee should, by process in different jurisdictions properly conducted in accordance with the local law, be compelled to pay twice over in order that a judgment with which he has no connection whatever should be satisfied at his expense.

    But the question arises whether cases of this kind are to be solved by exclusive reference to this assumption. Will the English court in such circumstances automatically decline to make the garnishee order absolute, on the ground that there is a real risk that a foreign court may, despite payment by the garnishee pursuant to such a garnishee order absolute, nevertheless enforce the attached debt against the garnishee overseas? Second, let it be supposed that both criteria are fulfilled.

  • Employers' Liability Assurance Corporation Ltd v Sedgwick Collins and Company Ltd
    • House of Lords
    • 29 July 1926

    The main question is whether the judgment is one to which, according to the current of English decisions, foreign courts of justice may be expected to give effect. The expectation is not one of fact depending on the probable conduct of the courts of this or that country, but is one of law, based upon the consideration for the judicial proceedings of other countries, which legal administration, wherever situated, ought to adopt and observe in the interest of justice generally.

    As for the view, that foreign courts generally cannot be expected to recognise judgments obtained here under specific legislation and particular circumstances, that raise an arguable doubt as to their validity, I do not think that this is a ground for a discretionary refusal to make the garnishee order absolute, when once it has been decided here that such judgments have been regularly obtained after an effective submission to the jurisdiction on the part of the defendants.

  • Kuwait Oil Tanker Company SAK and another v Qabazard
    • House of Lords
    • 12 June 2003

    It is not correct to characterise the garnishee or third party debt order as a claim in personam made against the third party in England. Indeed, the judgment of the Court of Appeal produces the extraordinary result that the courts of any member state in which UBS maintains a branch have exclusive jurisdiction under article 16(5) to make a garnishee or similar order in respect of a debt in Switzerland - a strange form of exclusivity.

  • S.C.F. Finance Company Ltd v Masri (No. 3)
    • Court of Appeal (Civil Division)
    • 16 July 1986

    That is well established as a principle of discretion on which the Court acts."

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Legislation
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • January 01, 1854
    ... ... Power herein-after given to them, make any General Rule or Order dispensing with such Allowance, ... either in all Cases or in any ... or accruing from such Third Person (herein-after called the Garnishee) to the Judgment Debtor shall ... be attached to answer the Judgment Debt; ... ...
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • January 01, 1998
    ... ... # C13 Rules applied in part (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.41Annotations: Modifications ... following means, that is to say—(a) writ of fieri facias;(b) garnishee proceedings;(c) a charging order;(d) the appointment of a receiver;(e) in ... ...
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • January 01, 1965
    ... ... 30. Receivers ... 31. Sales, etc. of land by order of Court: conveyancing counsel of the Court ... 32. Applications and ... 48. Examination of judgment debtor, etc ... 49. Garnishee proceedings ... 50. Charging orders, stop orders, etc ... 51 ... ...
  • Supreme Court of Judicature Act 1875
    • UK Non-devolved
    • January 01, 1875
    ... ... an appeal may be brought to the House of Lords from any judgment or order of the Court of Appeal herein-after mentioned in any case in which any ... or accruing from such third person (herein-after called the garnishee) to the judgment debtor shall be attached to answer the judgment debt; and ... ...
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Books & Journal Articles
  • The Problems of Asset Recovery Within the Jurisdiction of England and Wales: An Overview
    • No. 1-4, January 1994
    • Journal of Financial Crime
    • 297-305
    The aim of this paper is to examine the many problems that can be encountered in seeking to recover assets in civil proceedings within the jurisdiction of England and Wales and, where possible, to ...
    ... ... In addition, once judgment is obtained, it is possible to obtain an order for the oral examination of the judgment debtor concerning his or her ... etc; and leases. 2 Garnishee proceedings (RSC Ord. 49; CCR Ord. 30). Debts owed to the debtor solely ... ...
  • Attachment of Wages
    • No. 26-1, January 1963
    • The Modern Law Review
    ... ... of these things or any other purpose.” The maintenance order was thought to be a special case in which the use of ... an order can embrace the whole of a fund in the garnishee's hands. It is, then, poten- tially a method by which the ... ...
  • REMEDIES OF BUILDING SUB‐CONTRACTORS AGAINST EMPLOYERS
    • No. 46-4, July 1983
    • The Modern Law Review
    ... ... If the employer gives a direct order to a sub-contractor to carry out works or deliver goods, the ... GARNISHEE PROCEEDINGS A sub-contractor having obtained judgment against the ... ...
  • STATUTES
    • No. 22-2, March 1959
    • The Modern Law Review
    ... ... But what is equally important is that the payments they order are collected and the orders they make are enforced by the ... the first place, the order itself is, like a garnishee order," discretionary : the court makes the order " if it ... ...
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Law Firm Commentaries
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