Red River UK Ltd v Sheikh & Anor [2008] EWCA Civ 1592 (15 December 2008)

Red River UK Ltd v Sheikh & Anor [2008] EWCA Civ 1592 (15 December 2008)

The Court of Appeal refused permission to appeal against the orders of 27 September 2007 and 2 October 2007 due to lack of merit and unacceptable delay in filing the appeals. The court found that the High Court judges correctly applied principles of finality, good faith, and specific performance, and that the defendants' arguments were either procedurally barred or substantively without merit. Permission to appeal against the order of 15 November 2007 was granted only on the limited ground that the judge may have made a final finding of breach of good faith on an interim application without oral evidence, which could be procedurally unfair.

Citation
[2008] EWCA Civ 1592
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 orders of 27 September 2007 and 2 October 2007; permission to appeal granted in part for order of 15 November 2007.
Legal Topics
Settlement Agreements, Specific Performance, Costs Orders, Good Faith Obligations, Priority of Charges, Appeal Procedure, Extension of Time, Winding Up Petitions
Civil Procedure Contract Law Property Law Insolvency Settlement Agreements Specific Performance Costs Orders Good Faith Obligations +4 more

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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 defendants were entitled to appeal against orders relating to the settlement agreement and composite transaction
  2. 2 Whether the defendants were entitled to delivery up and registration of a second legal charge
  3. 3 Whether the defendants breached an implied obligation of good faith under the settlement agreement and consent order

Ratio Decidendi

The Court of Appeal refused permission to appeal against the orders of 27 September 2007 and 2 October 2007 due to lack of merit and unacceptable delay in filing the appeals. The court found that the High Court judges correctly applied principles of finality, good faith, and specific performance, and that the defendants' arguments were either procedurally barred or substantively without merit. Permission to appeal against the order of 15 November 2007 was granted only on the limited ground that the judge may have made a final finding of breach of good faith on an interim application without oral evidence, which could be procedurally unfair.

Court Disposition

Permission to appeal refused for orders of 27 September 2007 and 2 October 2007; permission to appeal granted in part for order of 15 November 2007.

Orders

  • Application in relation to order of 27 September 2007 (A3/2007/2795): Extension of time for appealing refused.
  • Application in relation to order of 2 October 2007 (A3/2007/2794): Extension of time for appealing refused.