UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Dévante Gravesande-Smith and Rebecca Khan (Matrix)

On appeal from: [2008] EWCA Civ 876. On the power to make orders against foreign directors for the examination of foreign assets.

CPR 71.2 does not confer power to order examination of a foreign director of a foreign company, and CPR 6 provides no basis for service out of the jurisdiction for any such order had it been possible to make one. It was not, however, ultra vires the rule making power to confer such a power. Appeal allowed.

For judgment, please download: [2009] UKHL 43
On appeal from: [2008] EWCA Civ 876