Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWCA Civ 973 (30 June 2021)

Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWCA Civ 973 (30 June 2021)

The appeal was dismissed because the breaches of the duty of full and frank disclosure by Valbonne were substantial, deliberate, and materially affected the outcome of the without notice hearing. The judge was entitled to discharge the injunction and refuse to re-grant it, as there was no compelling case of injustice to Valbonne and no clearly articulated proprietary claim against UHL. The exercise of discretion was within the proper ambit and not open to appellate interference.

Citation
[2021] EWCA Civ 973
Parties
Appellant: Valbonne Estates Ltd; 1st Respondent: Cityvalue Estates Ltd; 2nd Respondent: United Homes Ltd
Jurisdiction
England and Wales
Judgment Date
30 June 2021
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Duty of Full and Frank Disclosure, Exercise of Judicial Discretion, Non Disclosure Consequences, Constructive Trust, Dishonest Assistance, Proprietary Claims
Civil Procedure Property Law Injunctions Interim Injunctions Duty of Full and Frank Disclosure Exercise of Judicial Discretion Non Disclosure Consequences Constructive Trust +2 more

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Parties

Valbonne Estates Ltd

Appellant

Cityvalue Estates Ltd

1st Respondent

United Homes Ltd

2nd Respondent

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the court should exercise discretion to continue or re-grant a pre-action interim injunction after serious non-disclosure by the applicant
  2. 2 Whether the breaches of duty of full and frank disclosure were sufficiently serious to warrant discharge of the injunction
  3. 3 Whether there was a compelling case of injustice to the applicant if the injunction was not continued or re-granted

Ratio Decidendi

The appeal was dismissed because the breaches of the duty of full and frank disclosure by Valbonne were substantial, deliberate, and materially affected the outcome of the without notice hearing. The judge was entitled to discharge the injunction and refuse to re-grant it, as there was no compelling case of injustice to Valbonne and no clearly articulated proprietary claim against UHL. The exercise of discretion was within the proper ambit and not open to appellate interference.

Court Disposition

Appeal dismissed

Orders

  • The stay on the discharge order is lifted.
  • Valbonne Estates Ltd must pay the Respondents' costs within 14 days: £6,000 to Cityvalue Estates Ltd and £60,000 to United Homes Ltd.