Source: All England Reporter
Publisher Citation: [2013] All ER (D) 194 (Mar)
Neutral Citation: [2013] EWCA Civ 227
Court: Court of Appeal, Civil Division

Mummery, Tomlinson and Davis LJJ

Representation Ali Reza Sinai (instructed by OGR Stock Denton LLP) for the claimant.
  The first defendant appeared in person.
  Gabriel Buttimore for the second defendant.
Judgment Dates: 20 March 2013


Conflict of laws - Foreign judgment - Enforcement or recognition - First defendant purchasing property in London - First defendant issuing divorce proceedings against claimant wife in Israel - Second defendant husband's brother registering two legal charges against London property - Israeli court declaring London property being held by first defendant on trust jointly for him and claimant in equal shares - Claimant challenging second defendant's legal charges - Judge finding second defendant not being bound by Israeli judgment and wife not having established beneficial interest in property as against second defendant - Whether judge erring.

The Case

Conflict of laws Foreign judgment. The claimant wife and first defendant husband had divorced in Israel. The wife had two judgments in her favour stating that a property in London registered in the husband's name was held by him on trust jointly for himself and the wife in equal shares. The husband's brother had two legal charges against the property which the wife challenged. The High Court held that the Israeli judgments were entitled to recognition only in relation to proceedings between the husband and wife and that, as against the brother, the wife had not established any beneficial interest. The Court of Appeal, Civil Division, upheld the decision for the reasons given by the High Court.

Practice Areas

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