Shami v Shami & Anor

Shami v Shami & Anor

The wife has not established a beneficial interest in the Flat as against the brother, who was not a party to the Israeli proceedings and is not bound by those judgments; the brother’s charges are valid and registrable under English law; the deputy judge’s findings of fact and exercise of discretion were correct.

Parties
Appellant: Liora Shami; First Respondent: Meir Shami; Second Respondent: Eyal Shami
Jurisdiction
England and Wales
Judgment Date
20 March 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Land Registration, Beneficial Interest, Foreign Judgments, Trusts, Charges on Property, Matrimonial Property
Property Law Family Law Civil Procedure Land Registration Beneficial Interest Foreign Judgments Trusts Charges on Property +1 more

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Parties

Liora Shami

Appellant

Meir Shami

First Respondent

Eyal Shami

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the brother's charges on the Flat are registrable against the opposition of the wife
  2. 2 Whether the wife has a beneficial interest in the Flat as against the brother
  3. 3 Effect of Israeli judgments on English land registration

Ratio Decidendi

The wife has not established a beneficial interest in the Flat as against the brother, who was not a party to the Israeli proceedings and is not bound by those judgments; the brother’s charges are valid and registrable under English law; the deputy judge’s findings of fact and exercise of discretion were correct.

Court Disposition

appeal dismissed

Orders

  • Registration of the 1995 charge upheld; remains on Land Register.
  • Registration of the 2006 charge allowed.