Red River & Anor v Sheikh & Anor

All applications were dismissed as either res judicata, lacking merit, premature, procedurally defective, or misconceived. The existence of bona fide cross-claims and procedural requirements precluded relief sought by Miss Sheikh.

Parties: Claimant: Red River; Claimant: Ismail Dogan; Defendant: Anal Sheikh; Defendant: Rabia Sheikh
Jurisdiction: England and Wales
Judgment Date: 21 May 2008
Procedural Posture: Civil / Ruling on Multiple Applications
Outcome: All twelve applications dismissed.
Legal Topics: Settlement Agreement, Specific Performance, Winding Up Petition, Default Judgment, Contempt of Court, Bankruptcy, Civil Restraint Order

Contract Company Property Settlement Agreement Specific Performance Winding Up Petition Default Judgment Contempt of Court +2 more

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 9

Parties

Red River

Claimant

Ismail Dogan

Claimant

Anal Sheikh

Defendant

Rabia Sheikh

Defendant

Procedural Posture

Civil / Ruling on Multiple Applications

Legal Issues

1 Whether the executed second legal charge should be delivered up
2 Whether permission should be granted to issue a further winding up petition against Red River
3 Whether judgment was entered by the Sheikhs on their counterclaim

Ratio Decidendi

Court Disposition

All twelve applications dismissed.

Orders

All applications except Application 1 recorded as totally without merit under CPR 32.12.
No Civil Restraint Order made, but final warning issued to Miss Sheikh regarding future meritless applications.