Kastner v Jason & Ors

Kastner v Jason & Ors

The Beth Din's freezing order and Mr Jason's promise to abide by it did not create a proprietary or security interest in the home under Jewish law or English law. English law cannot transmute an in personam order into an equitable remedy operating in rem against third parties, even with constructive notice. No proprietary estoppel or constructive trust arose on the facts, and the caution was invalid. The appeal fails.

Parties
Appellant: Ernst Kastner; Respondent: Marc Jason; Respondent: Davis Sherman; Respondent: Brigitte Sherman
Jurisdiction
England and Wales
Judgment Date
02 December 2004
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Freezing Orders, Proprietary Estoppel, Constructive Trust, Enforcement of Arbitral Awards, Jewish Law, Land Registration
Arbitration Property Law Conflict of Laws Freezing Orders Proprietary Estoppel Constructive Trust Enforcement of Arbitral Awards Jewish Law +1 more

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Parties

Ernst Kastner

Appellant

Marc Jason

Respondent

Davis Sherman

Respondent

Brigitte Sherman

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a freezing order made by arbitrators under Jewish law confers a proprietary or security interest in land under English law
  2. 2 Whether a promise to abide by a freezing order creates a proprietary estoppel or constructive trust binding on third parties with constructive notice
  3. 3 Whether English law provides a remedy where Jewish law does not

Ratio Decidendi

The Beth Din's freezing order and Mr Jason's promise to abide by it did not create a proprietary or security interest in the home under Jewish law or English law. English law cannot transmute an in personam order into an equitable remedy operating in rem against third parties, even with constructive notice. No proprietary estoppel or constructive trust arose on the facts, and the caution was invalid. The appeal fails.

Court Disposition

appeal dismissed