Discussing an order attaching all debts, the House held: The effect of an order attaching ‘all debts’ owing or accruing due by [the garnishee] to the judgment debtor is to make the garnishee custodier for the Court of the whole funds attached; and he cannot, except at his own peril, part with any of those funds without the sanction of the Court. All debts due and owing by the garnishee are attached to answer the judgment creditor’s demand – that is, they are all captured for the purpose of afterwards answering that demand.
Judges:
Lord Halsbury LC, Lord Watson, Lord Morris
Citations:
[1892] AC 118
Jurisdiction:
England and Wales
Cited by:
Cited – Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation HL 12-Jun-2003
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged.
Held: A third party debt order is a proprietary remedy operating . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 16 May 2022; Ref: scu.183520
