Michael Wilson & "Partners" Ltd v Emmott [2019] EWCA Civ 219 (26 February 2019)

Michael Wilson & "Partners" Ltd v Emmott [2019] EWCA Civ 219 (26 February 2019)

Removal of the ordinary course of business exception from the post-judgment Mareva injunction was justified given MWP's refusal to pay, risk of dissipation, resistance to enforcement, and conduct. The court's discretion was properly exercised and the relief was appropriate to facilitate enforcement.

Citation
[2019] EWCA Civ 219
Parties
Appellant: Michael Wilson & Partners Ltd; Respondent: John Forster Emmott
Jurisdiction
England and Wales
Judgment Date
26 February 2019
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Freezing Injunctions, Post Judgment Enforcement, Ordinary Course of Business Exception, Arbitration Award Enforcement
Civil Procedure Commercial Law Arbitration Freezing Injunctions Post Judgment Enforcement Ordinary Course of Business Exception Arbitration Award Enforcement

Case Brief

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Parties

Michael Wilson & Partners Ltd

Appellant

John Forster Emmott

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the ordinary course of business ('Angel Bell') exception should be removed from a post-judgment Mareva injunction
  2. 2 Whether removal of the exception is justified in aid of enforcement
  3. 3 Whether removal amounts to an illegitimate exercise in terrorem

Ratio Decidendi

Removal of the ordinary course of business exception from the post-judgment Mareva injunction was justified given MWP's refusal to pay, risk of dissipation, resistance to enforcement, and conduct. The court's discretion was properly exercised and the relief was appropriate to facilitate enforcement.

Court Disposition

Appeal dismissed

Orders

  • Removal of the ordinary course of business exception from the Mareva injunction upheld
  • Order may be served by email on MWP and Mr Wilson