Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor

Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor

Valbonne committed serious and material breaches of the duty of full and frank disclosure by providing inaccurate and misleading information about the Beth Din awards, the status of the completion funds, the status of the property sale, and the relationships between the parties. These breaches were not inadvertent or accidental. The breaches were material and may have affected the outcome of the without notice hearing. There was no compelling case of injustice to Valbonne if the injunction was discharged, and there was no clear proprietary claim against UHL. The injunction must therefore be discharged and not re-granted.

Parties
Applicant: Valbonne Estates Limited; First Respondent: Cityvalue Estates Limited; Second Respondent: United Homes Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2021
Procedural Posture
Injunction Application (interim Relief) / Return Date Hearing on Continuation or Discharge of Without Notice Injunction
Outcome
Injunction discharged; not re-granted
Legal Topics
Without Notice Injunctions, Full and Frank Disclosure, Arbitration Awards, Proprietary Claims, Breach of Trust, Dishonest Assistance
Civil Procedure Arbitration Property Law Without Notice Injunctions Full and Frank Disclosure Arbitration Awards Proprietary Claims Breach of Trust +1 more

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Parties

Valbonne Estates Limited

Applicant

Cityvalue Estates Limited

First Respondent

United Homes Limited

Second Respondent

Procedural Posture

Injunction Application (interim Relief) / Return Date Hearing on Continuation or Discharge of Without Notice Injunction

Legal Issues

  1. 1 Whether Valbonne breached its duty of full and frank disclosure in obtaining a without notice injunction
  2. 2 Whether the injunction should be continued or discharged due to material non-disclosure
  3. 3 Whether there is a proper basis for an injunction against UHL

Ratio Decidendi

Valbonne committed serious and material breaches of the duty of full and frank disclosure by providing inaccurate and misleading information about the Beth Din awards, the status of the completion funds, the status of the property sale, and the relationships between the parties. These breaches were not inadvertent or accidental. The breaches were material and may have affected the outcome of the without notice hearing. There was no compelling case of injustice to Valbonne if the injunction was discharged, and there was no clear proprietary claim against UHL. The injunction must therefore be discharged and not re-granted.

Court Disposition

Injunction discharged; not re-granted

Orders

  • The injunction ordered by Mann J on 10 December 2020 is discharged and will not be re-granted.