Sterling v Rand & Anor [2019] EWHC 2560 (Ch) (1 October 2019)

Sterling v Rand & Anor [2019] EWHC 2560 (Ch) (1 October 2019)

The court declined to enforce the Beth Din's award for transfer of the property because new evidence revealed inconsistencies and possible misrepresentations regarding the true parties to the contract and the receipt of housing benefit, raising public policy concerns and the interests of third parties. Although the Beth Din had power to order specific performance under Jewish law as the procedural law, and the Defendants' objections were barred by s.73, the court exercised its discretion under s.66 to refuse enforcement in the interests of justice.

Citation
[2019] EWHC 2560 (Ch)
Parties
Claimant: Mr David Sterling; Defendant: Mrs Miriam Rand; Defendant: Mr Morris Rand
Jurisdiction
England and Wales
Judgment Date
01 October 2019
Procedural Posture
Arbitration Claim (summary Enforcement of Award) / High Court (chancery Division) Judgment on Application for Enforcement
Outcome
Application for enforcement of the arbitration award refused (not dismissed).
Legal Topics
Enforcement of Arbitration Awards, Specific Performance, Jurisdiction of Arbitral Tribunals, Public Policy in Enforcement, Remedies Relating to Land, Agency and Undisclosed Principals
Arbitration Property Law Equity Enforcement of Arbitration Awards Specific Performance Jurisdiction of Arbitral Tribunals Public Policy in Enforcement Remedies Relating to Land +1 more

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Parties

Mr David Sterling

Claimant

Mrs Miriam Rand

Defendant

Mr Morris Rand

Defendant

Procedural Posture

Arbitration Claim (summary Enforcement of Award) / High Court (chancery Division) Judgment on Application for Enforcement

Legal Issues

  1. 1 Did the Beth Din have power to order transfer of the property under the Arbitration Act 1996?
  2. 2 Is it too late for the Defendants to object to the Beth Din's jurisdiction or powers?
  3. 3 Does the court have power to order specific performance if the tribunal lacked such power?

Ratio Decidendi

The court declined to enforce the Beth Din's award for transfer of the property because new evidence revealed inconsistencies and possible misrepresentations regarding the true parties to the contract and the receipt of housing benefit, raising public policy concerns and the interests of third parties. Although the Beth Din had power to order specific performance under Jewish law as the procedural law, and the Defendants' objections were barred by s.73, the court exercised its discretion under s.66 to refuse enforcement in the interests of justice.

Court Disposition

Application for enforcement of the arbitration award refused (not dismissed).

Orders

  • No order for transfer of the property to the Claimant or his nominee.
  • Parties may address new evidence before the Beth Din; matter may be remitted if agreed.