Court Of Appeal Finds Court Retains Jurisdiction To Order Further Examination Of Judgment Debtor Until Information Provided

The decision exemplifies the principle that the court has inherent jurisdiction to do whatever is just and convenient to make its orders effective.

The Court of Appeal has found that, where an officer of a corporate judgment debtor deliberately fails to comply with an order pursuant to CPR Part 71 requiring them to attend court for examination, the court has an inherent power to order them to attend for further examination for the purposes of procuring the outstanding information: Deutsche Bank AG v Alexander Vik [2026] EWCA Civ 581

The purpose of the Part 71 process is to require a judgment debtor to attend court to provide information to enable a judgment creditor to enforce their judgment. Its aim is to secure substantive compliance to garner the information sought, not merely nominal attendance at the examination hearing. This decision establishes that individuals cannot circumvent a Part 71 order by failing to turn up for the examination or by refusing to answer questions or failing to answer them truthfully, nor can they escape the process by resigning from office or leaving the jurisdiction before their scheduled examination. 

More generally, the decision demonstrates the broad extent of the court’s inherent powers to protect the authority of its judgments and avert the frustration of the court’s process through strategic non-compliance. It also illustrates the significant weight that should be given to the public interest in preserving the integrity and effectiveness of court orders when the court exercises discretionary powers.