Kastner v Jason & Ors

Kastner v Jason & Ors

Neither the Beth Din's freezing direction nor its award created a proprietary interest, lien, or charge over the property under English law or Jewish law binding on subsequent purchasers; the caution was wrongly registered and must be vacated, and the interim charging order discharged.

Parties
Claimant: Ernst Kastner; Defendant: Marc Jason; Defendant: Davis Sherman; Defendant: Brigitte Sherman; Claimant: David Sherman; Claimant: Brigitte Sherman; Defendant: Ernst Kastner
Jurisdiction
England and Wales
Judgment Date
23 March 2004
Procedural Posture
Civil / Final Judgment
Outcome
Claims by Mr Kastner dismissed; claims by Mr and Mrs Sherman allowed.
Legal Topics
Freezing Orders, Lien and Charge Creation, Arbitration Awards, Priority of Interests, Effect of Religious Arbitration in English Law
Property Law Arbitration Jewish Law Freezing Orders Lien and Charge Creation Arbitration Awards Priority of Interests Effect of Religious Arbitration in English Law

Case Brief

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Parties

Ernst Kastner

Claimant

Marc Jason

Defendant

Davis Sherman

Defendant

Brigitte Sherman

Defendant

David Sherman

Claimant

Brigitte Sherman

Claimant

Ernst Kastner

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Did the Beth Din's freezing direction or award create a lien or charge over the property?
  2. 2 Is such a lien or charge binding on subsequent purchasers under English and Jewish law?
  3. 3 Does the arbitration award confer proprietary rights enforceable against third parties?

Ratio Decidendi

Neither the Beth Din's freezing direction nor its award created a proprietary interest, lien, or charge over the property under English law or Jewish law binding on subsequent purchasers; the caution was wrongly registered and must be vacated, and the interim charging order discharged.

Court Disposition

Claims by Mr Kastner dismissed; claims by Mr and Mrs Sherman allowed.

Orders

  • Declaration that Mr and Mrs Sherman are entitled to registration as proprietors of the property free from any charge or lien in favour of Mr Kastner.
  • Order for vacation of the caution.