Red River UK Ltd & Anor v Sheikh & Anor, Court of Appeal - Civil Division, April 28, 2009, [2009] EWCA Civ 643

Extract

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Red River UK Ltd & Anor v Sheikh & Anor, Court of Appeal - Civil Division, April 28, 2009, [2009] EWCA Civ 643

Case No: A3/2007/2793

Neutral Citation Number: [2009] EWCA Civ 643

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

(MR JUSTICE BRIGGS)

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: Tuesday, 28th April 2009

Before:

SIR ANTHONY CLARKE

(Master of the Rolls)

LADY JUSTICE ARDEN

and

LORD JUSTICE LLOYD

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Between:

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(DAR Transcript of

WordWave International Limited

A Merrill Communications Company

165 Fleet Street, London EC4A 2DY

Tel No: 020 7404 1400 Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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Miss Anal Sheikh appeared as a Litigant-in-Person on behalf of the Appellants.

Mr Tom Smith (instructed by Messrs Isadore Goldman) appeared on behalf of the Respondents.

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Judgment

Lord Justice Lloyd:

1. The appeal which we have had to consider this afternoon arises from a judgment of Briggs J given on 15 November 2007 following a hearing on 7 November of a number of applications, in particular those contained in an application made to us of the defendants dated 12 October 2007. By that application, the defendants sought in effect first an order requiring one of the claimants, Red River UK Ltd, to register a charge at Companies House; secondly, an order requiring Red River to deliver the executed charge to the defendants; and thirdly, the variation of an order which restrained the defendants from making further applications to HM Land Registry in relation to the title to the relevant property for t...

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