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16 June 2017

Emmott v Michael Wilson & Partners Ltd [2017] EWCA Civ 367

28 March; 19 May 2017 Court of Appeal: Simon , David Richards , Hickinbottom LJJ

Practice — Third party debt orders — Money in court — Judgment creditor applying for payment out of sums in court paid in by third party standing to credit of judgment debtor — CPR r 72.10

The claimant judgment creditor applied pursuant to CPR r 72.10 for an order that moneys paid into court by a third party in an unrelated action and standing to the credit of the defendant judgment debtor subject to an order in its favour be paid out to him in part satisfaction of his judgment. The judgment debtor contended that the fund in court was not its asset as ...

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