Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales) upholds inherent jurisdiction to compel further CPR 71 examinations despite departure/resignation-Deutsche Bank v Vik

Published on: 28 May 2026

Published by a LexisNexis Dispute Resolution expert

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Article summary

Deutsche Bank AG v Alexander Vik [2026] EWCA Civ 581 What was the background?

In 2013, Deutsche Bank AG secured judgment against Sebastian Holdings Inc (SHI), a company controlled by Mr Alexander Vik, following major trading losses and unmet margin calls. SHI remained liable to the bank for more than US$360 million. In 2015, the Commercial Court, relying on CPR 71.2(1)(b), ordered Mr Vik-then an SHI director-to attend for examination and to provide information and documents concerning SHI’s assets and how the judgment debt might be met. He was personally served within the jurisdiction. Although he later resigned as director and left the jurisdiction, he did attend before Cooke J in December 2015. He was subsequently found to have lied repeatedly during that examination and to have deliberately withheld documents. Deutsche Bank then brought contempt proceedings under CPR 81, which resulted in findings of contempt and a suspended committal order requiring a further examination. Due to procedural complications, however, the suspension period expired before that further examination took place. The appeal arose from the decision of Cockerill J in the Commercial Court (Deutsche Bank AG v Vik [2025] EWHC 283 (Comm))...

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