Michael Wilson & "Partners" Ltd v Emmott

Michael Wilson & "Partners" Ltd v Emmott

On the facts, removal of the 'ordinary course of business' exception from the post-judgment Mareva injunction was justified. MWP had the ability but refused to pay, had taken steps to frustrate enforcement, and the risk of dissipation remained. The judge's discretionary decision was correct and supported by law and the facts.

Parties
Appellant: Michael Wilson & Partners Ltd; Respondent: John Forster Emmott
Jurisdiction
England and Wales
Judgment Date
26 February 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment/order Removing 'ordinary Course of Business' Exception From Post Judgment Mareva Injunction
Outcome
Appeal dismissed
Legal Topics
Mareva (freezing) Injunctions, Post Judgment Enforcement, Ordinary Course of Business Exception, Arbitration Award Enforcement
Civil Procedure Arbitration Commercial Law Mareva (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

Civil Appeal / Appeal From High Court Judgment/order Removing 'ordinary Course of Business' Exception From Post Judgment Mareva Injunction

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 appropriate as a matter of law and discretion in the circumstances of this case

Ratio Decidendi

On the facts, removal of the 'ordinary course of business' exception from the post-judgment Mareva injunction was justified. MWP had the ability but refused to pay, had taken steps to frustrate enforcement, and the risk of dissipation remained. The judge's discretionary decision was correct and supported by law and the facts.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of Sir Jeremy Cooke affirmed removing the 'ordinary course of business' exception from the Mareva injunction.
  • Permission granted to serve the order by email.