Celtic Contractors Ltd. v Infinite Environmental Services Ltd. & Anor [2003] EWCA Civ 722 (15 April 2003)

The letter of 20 August 2002, even if binding, did not create an equitable charge or interest in the Barclays account, and the balance of convenience did not justify granting a freezing order.

Citation: [2003] EWCA Civ 722
Parties: Appellant: Celtic Contractors Limited; Respondent: Infinite Environmental Services Limited; Respondent: SAS International Limited
Jurisdiction: England and Wales
Judgment Date: 15 April 2003
Procedural Posture: Appeal / Appeal From Refusal to Continue Interim Injunction
Outcome: Appeal dismissed
Legal Topics: Interim Injunctions, Equitable Charge, Freezing Orders, Binding Agreements

Civil Procedure Contract Law Equity Interim Injunctions Equitable Charge Freezing Orders Binding Agreements

Case Brief

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Parties

Celtic Contractors Limited

Appellant

Infinite Environmental Services Limited

Respondent

SAS International Limited

Respondent

Procedural Posture

Appeal / Appeal From Refusal to Continue Interim Injunction

Legal Issues

1 Whether the letter of 20 August 2002 constituted a binding agreement
2 Whether the agreement conferred an equitable interest or charge over funds in the Barclays account
3 Whether the principles in American Cyanamid v Ethicon Ltd justified a freezing order

Ratio Decidendi

The letter of 20 August 2002, even if binding, did not create an equitable charge or interest in the Barclays account, and the balance of convenience did not justify granting a freezing order.

Court Disposition

Appeal dismissed

Orders

Appellant's costs summarily assessed in the sum of £10,781.45