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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

16/12/2016

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

This is an archived article, and some links may not work. Contact us if you have any questions.

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.  


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