Perotti v Watson [2001] EWCA Civ 1600 (15 October 2001)

Perotti v Watson [2001] EWCA Civ 1600 (15 October 2001)

There was no basis to vary the freezing order or except the bank account; the judge below was correct to treat the moneys from the claimant’s mother as a loan, not trust funds; the charging orders were properly obtained; no evidence of fraud or impropriety; no infringement of the mother’s property rights or ECHR rights; no real prospect of success in the proposed appeals.

Citation
[2001] EWCA Civ 1600
Parties
Claimant: Angelo Perotti; Defendant: Kenneth Corbett Watson
Jurisdiction
England and Wales
Judgment Date
15 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Applications for permission to appeal refused.
Legal Topics
Freezing Orders (mareva Injunctions), Charging Orders, Trusts, Loans, Fraud Allegations, Human Rights (echr)
Civil Procedure Injunctions Trusts and Equity Freezing Orders (mareva Injunctions) Charging Orders Trusts Loans Fraud Allegations +1 more

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Parties

Angelo Perotti

Claimant

Kenneth Corbett Watson

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the freezing order should be varied to unfreeze the claimant's bank account or restrain the bank from imposing restrictions
  2. 2 Whether the claimant should be allowed to repay moneys to his mother allegedly held on trust
  3. 3 Whether charging orders over property were improperly or fraudulently obtained and should be set aside or varied

Ratio Decidendi

There was no basis to vary the freezing order or except the bank account; the judge below was correct to treat the moneys from the claimant’s mother as a loan, not trust funds; the charging orders were properly obtained; no evidence of fraud or impropriety; no infringement of the mother’s property rights or ECHR rights; no real prospect of success in the proposed appeals.

Court Disposition

Applications for permission to appeal refused.

Orders

  • Applications refused
  • No order for costs