Red River UK Ltd v Sheikh & Anor

Red River UK Ltd v Sheikh & Anor

Permission to appeal was refused for the orders of 27 September and 2 October 2007 due to lack of merit and unacceptable delay in filing the notices. The only ground for which permission was granted was whether the judge was wrong to make a final finding of breach of good faith on an interim application without trial. The applicants' other grounds were without merit, and the procedural history and undertakings precluded further challenge.

Parties
Claimant/respondent: Red River UK Ltd; Claimant/respondent: Ismail Dogan; Defendant/applicant: Anal Sheikh; Defendant/applicant: Rabia Sheikh
Jurisdiction
England and Wales
Judgment Date
15 December 2008
Procedural Posture
Civil Appeal / Renewed Applications for Permission to Appeal Orders of the High Court (chancery Division)
Outcome
Permission to appeal refused for two orders; granted in part for one order.
Legal Topics
Appeals, Settlement Agreements, Specific Performance, Costs Orders, Good Faith, Priority of Charges, Winding Up Petitions
Civil Procedure Contract Law Property Law Appeals Settlement Agreements Specific Performance Costs Orders Good Faith +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Red River UK Ltd

Claimant/respondent

Ismail Dogan

Claimant/respondent

Anal Sheikh

Defendant/applicant

Rabia Sheikh

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Applications for Permission to Appeal Orders of the High Court (chancery Division)

Legal Issues

  1. 1 Whether the applicants should be granted permission to appeal against three High Court orders relating to a settlement agreement and subsequent litigation.
  2. 2 Whether the applicants were entitled to challenge the costs order and other aspects of the orders given the undertakings and procedural history.
  3. 3 Whether the judge erred in making final findings of fact on an interim application, particularly regarding breach of good faith.

Ratio Decidendi

Permission to appeal was refused for the orders of 27 September and 2 October 2007 due to lack of merit and unacceptable delay in filing the notices. The only ground for which permission was granted was whether the judge was wrong to make a final finding of breach of good faith on an interim application without trial. The applicants' other grounds were without merit, and the procedural history and undertakings precluded further challenge.

Court Disposition

Permission to appeal refused for two orders; granted in part for one order.

Orders

  • Extension of time for appealing the order of 27 September 2007 refused.
  • Extension of time for appealing the order of 2 October 2007 refused.