Emmott v Michael Wilson & Partners Ltd

Emmott v Michael Wilson & Partners Ltd

The Angel Bell exception should be removed from the freezing order because the defendant's liability has been finally determined, the risk of dissipation remains, and the defendant has resisted enforcement without proper excuse. The exception is generally inappropriate post-judgment, and its removal is justified to facilitate execution of the award and judgment.

Parties
Claimant: John Forster Emmott; Defendant: Michael Wilson & Partners Limited
Jurisdiction
England and Wales
Judgment Date
13 July 2017
Procedural Posture
Commercial Enforcement / Arbitration Related / Post Judgment Application to Amend Freezing Order
Outcome
Angel Bell exception removed from freezing order; application for transfer of New Zealand funds refused; declarations on estoppel not granted.
Legal Topics
Freezing Injunctions, Enforcement of Arbitral Awards, Angel Bell Exception, Issue Estoppel, Cause of Action Estoppel
Commercial Law Arbitration Civil Procedure Freezing Injunctions Enforcement of Arbitral Awards Angel Bell Exception Issue Estoppel Cause of Action Estoppel

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Parties

John Forster Emmott

Claimant

Michael Wilson & Partners Limited

Defendant

Procedural Posture

Commercial Enforcement / Arbitration Related / Post Judgment Application to Amend Freezing Order

Legal Issues

  1. 1 Whether the Angel Bell exception should be removed from the post-judgment freezing order
  2. 2 Whether the court should order transfer of funds from New Zealand to England for enforcement
  3. 3 Whether declarations on issue/cause of action estoppel should be granted

Ratio Decidendi

The Angel Bell exception should be removed from the freezing order because the defendant's liability has been finally determined, the risk of dissipation remains, and the defendant has resisted enforcement without proper excuse. The exception is generally inappropriate post-judgment, and its removal is justified to facilitate execution of the award and judgment.

Court Disposition

Angel Bell exception removed from freezing order; application for transfer of New Zealand funds refused; declarations on estoppel not granted.

Orders

  • Angel Bell exception removed from the freezing order against the defendant.
  • Application for transfer of funds from New Zealand to England refused.