Michael Wilson & Partners, Ltd v Emmott

Michael Wilson & Partners, Ltd v Emmott

The payments made by MWP were repayments of genuine pre-existing liabilities (secured loan and rent arrears) in the ordinary and proper course of business, customary in Kazakhstan, and thus fell within the exception to the freezing order; the judge took too narrow a view by focusing on payment size and timing rather than the nature of the obligations.

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
Civil Appeal / Court of Appeal Judgment
Outcome
Appeals allowed; judge's findings set aside.
Legal Topics
Freezing Injunctions, Contempt of Court, Ordinary and Proper Course of Business, Secured Loans, Lease Payments
Civil Procedure Commercial Law Freezing Injunctions Contempt of Court Ordinary and Proper Course of Business Secured Loans Lease Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Michael Wilson & Partners, Ltd

Appellant

Michael Earl Wilson

Appellant

John Forster Emmott

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether payments made by MWP fell within the exception to the freezing order as being in the ordinary and proper course of business
  2. 2 Whether the payments constituted contempt of court

Ratio Decidendi

The payments made by MWP were repayments of genuine pre-existing liabilities (secured loan and rent arrears) in the ordinary and proper course of business, customary in Kazakhstan, and thus fell within the exception to the freezing order; the judge took too narrow a view by focusing on payment size and timing rather than the nature of the obligations.

Court Disposition

Appeals allowed; judge's findings set aside.

Orders

  • Judge's decision on contempt and breach of freezing order set aside.
  • No further orders as remaining points argued do not arise for decision.