Red River UK Ltd & Anor v Sheikh & Anor [2007] EWHC 2654 (Ch) (15 November 2007)

Red River UK Ltd & Anor v Sheikh & Anor [2007] EWHC 2654 (Ch) (15 November 2007)

The Defendants, by their deliberate and inequitable conduct in sabotaging the Composite Transaction, have deprived themselves of the right to specific performance or equitable relief for registration or delivery of the Second Legal Charge. The undertakings and obligations relating to the Second Legal Charge were conditional upon completion of the Composite Transaction, which is now impossible due to the Defendants' breach. The injunction restraining Land Registry applications is to be continued, with possible modification as to duration, to prevent vexatious interference with the Claimants' property rights.

Citation
[2007] EWHC 2654 (Ch)
Parties
Claimant: Red River UK Limited; Claimant: Ismail Dogan; Defendant: Anal Sheikh; Defendant: Rabia Sheikh
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Chancery Division Litigation (hc07 Co2257) / Interim Application and Costs Determination
Outcome
Defendants' applications for registration and delivery of the Second Legal Charge refused; application to discharge injunction refused (subject to modification); costs awarded to Claimants on relevant applications.
Legal Topics
Specific Performance, Breach of Settlement Agreement, Equitable Remedies, Abuse of Process, Land Registration, Injunctions, Costs Orders
Contract Law Equity Insolvency Property Law Specific Performance Breach of Settlement Agreement Equitable Remedies Abuse of Process +3 more

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Parties

Red River UK Limited

Claimant

Ismail Dogan

Claimant

Anal Sheikh

Defendant

Rabia Sheikh

Defendant

Procedural Posture

Chancery Division Litigation (hc07 Co2257) / Interim Application and Costs Determination

Legal Issues

  1. 1 Whether the Defendants are entitled to an order for registration and delivery of the Second Legal Charge
  2. 2 Whether the Defendants are entitled to a discharge of the injunction restraining applications to the Land Registry
  3. 3 Whether the Defendants' conduct bars them from equitable relief

Ratio Decidendi

The Defendants, by their deliberate and inequitable conduct in sabotaging the Composite Transaction, have deprived themselves of the right to specific performance or equitable relief for registration or delivery of the Second Legal Charge. The undertakings and obligations relating to the Second Legal Charge were conditional upon completion of the Composite Transaction, which is now impossible due to the Defendants' breach. The injunction restraining Land Registry applications is to be continued, with possible modification as to duration, to prevent vexatious interference with the Claimants' property rights.

Court Disposition

Defendants' applications for registration and delivery of the Second Legal Charge refused; application to discharge injunction refused (subject to modification); costs awarded to Claimants on relevant applications.

Orders

  • Refusal of order requiring registration of the Second Legal Charge at Companies House
  • Refusal of order requiring delivery of the Second Legal Charge to Defendants