Watson & Ors v O'Driscoll [2002] EWCA Civ 342 (11 February 2002)

Watson & Ors v O'Driscoll [2002] EWCA Civ 342 (11 February 2002)

Permission to appeal was refused because the transfer of the property was a deliberate breach of a specific court order (freezing order), rendering the transaction illegal and void, and because Miss O'Driscoll had no real prospect of establishing a beneficial interest in the property. No important point of principle or practice was raised, nor was there any other compelling reason to grant permission for a second appeal.

Citation
[2002] EWCA Civ 342
Parties
Claimant/respondent: Kenneth Watson; Claimant/respondent: Penrose Foss; Claimant/respondent: Catherine Hudson; Defendant/applicant: Ellen Patricia O'Driscoll
Jurisdiction
England and Wales
Judgment Date
11 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal dismissed
Legal Topics
Freezing Orders, Contempt of Court, Secret Trusts, Summary Judgment, Illegality of Disposition, Appeal Procedure
Civil Procedure Insolvency Trusts and Equity Freezing Orders Contempt of Court Secret Trusts Summary Judgment Illegality of Disposition +1 more

Case Brief

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Parties

Kenneth Watson

Claimant/respondent

Penrose Foss

Claimant/respondent

Catherine Hudson

Claimant/respondent

Ellen Patricia O'Driscoll

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether permission should be granted for a second appeal against an order for re-transfer of property made in breach of a freezing order
  2. 2 Whether the refusal of an adjournment was a wrongful exercise of discretion
  3. 3 Whether the transfer of property in breach of a freezing order is void and unenforceable

Ratio Decidendi

Permission to appeal was refused because the transfer of the property was a deliberate breach of a specific court order (freezing order), rendering the transaction illegal and void, and because Miss O'Driscoll had no real prospect of establishing a beneficial interest in the property. No important point of principle or practice was raised, nor was there any other compelling reason to grant permission for a second appeal.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed
  • Application for a transcript of the judgment at public expense refused