National Crime Agency v Ronald Olden (Defendant/Applicant)
| Jurisdiction | England & Wales |
| Judge | Lord Justice Tomlinson |
| Judgment Date | 11 February 2015 |
| Neutral Citation | [2015] EWCA Civ 346 |
| Date | 11 February 2015 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | A2/2014/2488 |
[2015] EWCA Civ 346
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand
London WC2A 2LL
Lord Justice Tomlinson
A2/2014/2488
The Applicant appeared in person
The Respondent did not appear and was not represented
Mr Olden seeks permission to appeal against an order made by Haddon-Cave J on 21 July 2014.
The background to this matter is that on 25 March 2009, Holroyde J made a civil recovery order pursuant to section 266 of the Proceeds of Crime Act 2002, which included within its purview a leasehold flat in Machynlleth in Wales, which was the property of Mr Olden. What was not appreciated at the time was that in Mr Olden's lease, which is of flat number 4, Plas Dyffryn, Parc Y Bryn, Aberystwyth, there is a provision at clause H(i) that:
"The lessee shall not assign the demised premises as a whole unless he first ensures that the new owner or occupier of the demised premises becomes the holder of the lessee's share in the management company and also enters into a deed with the lessor and the management company, containing direct and binding covenants to observe and perform the covenants, conditions, restrictions regulations and obligations herein contained or referred to or hereby implied on the part of the lessee, to be observed and performed, including such as do not run with this lease or the reversion thereof, and in the event of the proposed assignment being to a limited company, and the lessor or the management company so requiring, the lessee shall not assign the demised premises unless he also first procures that at least two directors of the company, or some other guarantor or guarantors acceptable to the lessor or the management company, enter into the said deed."
As a result of that discovery, in due course His Honour Judge Jarman QC sitting as a judge of the High Court declared on 7 December 2012 that:
"The trustee [that is to say the trustee for civil recovery] is the legal and beneficial owner of the one ordinary share in Parc Y Bryn Management Company Limited held by Mr Ronald Olden, also known as Mr Terence Leslie Batters."
Thereafter, the question arose whether Mr Olden would consent to sign the transfer form in respect of that share, which, as he correctly points out, amounts to a request to the management company to register a person other than himself as the owner of the share.
In due course, the matter came before Haddon-Cave J. He had before him an earlier order made by Burnett J, pursuant to section 39 of the Senior Courts Act 1981, which provides:
"Execution of instrument by person nominated by High Court.
"1. Where the High Court has given or made a judgment or order directing a person to execute any conveyance, contract or other document, or to endorse any negotiable instrument, then if that person —
"(a) neglects or refuses to comply with the judgment or order; or
"(b) cannot after reasonable inquiry be found, the High Court may, on such terms and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed, or that the negotiable instrument shall be endorsed, by such person as the court may nominate for that person.
"2. A conveyance, contract, document or instrument executed or endorsed in pursuance of an order under this section shall operate, and be for all purposes available, as if it had been executed or endorsed by the person originally directed to execute or endorse...
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