Michael Wilson & Partners, Ltd v Emmott [2015] EWCA Civ 1028 (14 October 2015)

Michael Wilson & Partners, Ltd v Emmott [2015] EWCA Civ 1028 (14 October 2015)

The payments made by MWP to KHI and LLP were in discharge of genuine, pre-existing liabilities, made in the ordinary and proper course of business, and thus fell within the exception to the freezing order. The judge at first instance took too narrow a view by focusing on the size and timing of the payments rather than their nature and context. The appeals were allowed and the findings of contempt set aside.

Citation
[2015] EWCA Civ 1028
Parties
Appellant: Michael Wilson & Partners, Ltd; Appellant: Michael Earl Wilson; Respondent: John Forster Emmott
Jurisdiction
England and Wales
Judgment Date
14 October 2015
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (commercial Court)
Outcome
Appeals allowed; findings of contempt and associated penalties set aside.
Legal Topics
Freezing Injunctions, Contempt of Court, Ordinary and Proper Course of Business, Enforcement of Arbitral Awards
Civil Procedure Commercial Law Freezing Injunctions Contempt of Court Ordinary and Proper Course of Business Enforcement of Arbitral Awards

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Parties

Michael Wilson & Partners, Ltd

Appellant

Michael Earl Wilson

Appellant

John Forster Emmott

Respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (commercial Court)

Legal Issues

  1. 1 Whether two payments made by MWP were permitted under the 'ordinary and proper course of business' exception to a freezing order
  2. 2 Whether the payments constituted contempt of court

Ratio Decidendi

The payments made by MWP to KHI and LLP were in discharge of genuine, pre-existing liabilities, made in the ordinary and proper course of business, and thus fell within the exception to the freezing order. The judge at first instance took too narrow a view by focusing on the size and timing of the payments rather than their nature and context. The appeals were allowed and the findings of contempt set aside.

Court Disposition

Appeals allowed; findings of contempt and associated penalties set aside.

Orders

  • Set aside the judge's findings of contempt against MWP and Mr Wilson.
  • Set aside the fines and committal orders imposed.