Masri v Consolidated Contractors International (UK) Ltd (No 4)

The House of Lords considered an appeal from the Court of Appeal in the case of Masri v Consolidated Contractors International Company SAL and others. The respondent, Mr Masri, was owed a judgment debt of US$ 64 million by the appellants, Lebanese companies. The case primarily concerned whether the Court of Appeal had jurisdiction to order the examination of a foreign director of a foreign company and whether there was a basis for service upon him out of the jurisdiction in Greece. The House of Lords held that the Civil Procedure Rules (CPR) 71 did not extend to officers outside the jurisdiction, and thus, the order for examination of Mr Khoury, the foreign director, was invalid. Furthermore, there was no basis under CPR 6 for serving such an order out of the jurisdiction. Consequently, the House of Lords allowed the appeal, set aside the Court of Appeal’s order for examination and service out of the jurisdiction of Mr Khoury, and restored the order of Master Miller. The European issues considered in the Court of Appeal did not arise, and no reference to the Court of Justice was necessary.