Red River UK Ltd & Anor v Sheikh & Anor

Red River UK Ltd & Anor v Sheikh & Anor

The Defendants are not entitled to registration or delivery of the Second Legal Charge, nor discharge of the injunction, because their deliberate sabotage of the Composite Transaction constitutes a serious breach of their implied contractual obligation to act in good faith, barring them from equitable relief. The injunction is to be varied and extended to protect the Claimants' ability to refinance.

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
Civil / Ruling on Interim Applications
Outcome
Defendants' application refused; injunction varied and extended; costs awarded to Claimants.
Legal Topics
Specific Performance, Breach of Settlement Agreement, Injunctions, Charges Over Property, Abuse of Process, Costs
Contract Property Equity Specific Performance Breach of Settlement Agreement Injunctions Charges Over Property Abuse of Process +1 more

Case Brief

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Parties

Red River UK Limited

Claimant

Ismail Dogan

Claimant

Anal Sheikh

Defendant

Rabia Sheikh

Defendant

Procedural Posture

Civil / Ruling on Interim Applications

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 injunction restraining the Defendants from making further applications to the Land Registry should be discharged or varied
  3. 3 Whether the Defendants have an equitable charge over the Property by virtue of the Settlement

Ratio Decidendi

The Defendants are not entitled to registration or delivery of the Second Legal Charge, nor discharge of the injunction, because their deliberate sabotage of the Composite Transaction constitutes a serious breach of their implied contractual obligation to act in good faith, barring them from equitable relief. The injunction is to be varied and extended to protect the Claimants' ability to refinance.

Court Disposition

Defendants' application refused; injunction varied and extended; costs awarded to Claimants.

Orders

  • Refusal of order for registration and delivery of Second Legal Charge
  • Refusal to discharge injunction restraining Defendants from Land Registry applications; injunction to be varied and extended for a defined period