Ernst Kastner v Marc Jason, Davis Sherman, Brigitte Sherman: CA 2 Dec 2004

The parties had agreed that their dispute should be resolved before the Jewish Beth Din according to Jewish substantive and procedural law. K was granted an interim freezing order. The defendant sold the asset, and K sought to assert a charge.
Held: Jewish law specifically provide that the decision of the Beth Din operated in personam only. Such an order could not be translated into an order in rem by seeking to enforce the award in the English Courts. Mr Jason’s submission to the Beth Din and its orders could not translate into a proprietary estoppel or constructive trust. English law is not relevant for the purpose of discovering a remedy which Jewish law does not provide.
Lord Justice Clarke The Lord Chief Justice Of England &Amp; Wales Lord Justice Rix
[2004] EWCA Civ 1599, Times 21-Dec-2004
Arbitration Act 1996 48
England and Wales
CitedGillett v Holt and Another CA 23-Mar-2000
Repeated Assurances Created Equitable Estoppel
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
CitedPW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants) ChD 8-Aug-2003
The parties, head lessor and sub-lessess, had assumed that following Brown -v- Wilson the sub-lease would continue upon the determination of the head lease, and had overlooked Pennell which overruled Brown v Wilson. However the lease made express . .
CitedEdwards, Drummond Smith v Flightline Limited CA 5-Feb-2003
The applicant company obtained an injunction against another company. That freezing injunction was discharged upon the payment of a sum into the names of the respective parties’ solicitors. The company went into liquidation, and the claimant . .
CitedCretanor Maritime Co Ltd v Irish Marine Management Ltd CA 1978
A freezing order is relief in personam and creates no proprietary rights in the assets from time to time subject to it. Buckley LJ said that where an injunction required assets up to a stated value to be kept within the jurisdiction: ‘There must . .
CitedStockler v Fourways Estates Ltd 1984
The rule that an ordinary freezing order does not entitle a party in whose favour it was granted to say that he had a property or security interest in the respondent’s assets in question, applies where a freezing order fixes on a single specified . .
CitedPalmer v Carey PC 1926
A lender financed a trader in goods, on the basis the proceeds of sale of the goods be paid into an account in the name of the lender, and that the lender recoup himself on a monthly basis in respect of sums advanced, with the balance being released . .
CitedCommissioners of Customs and Excise v Barclays Bank Plc ComC 3-Feb-2004
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside . .
CitedCoupland v Arabian Gulf Oil Co QBD 1983
The plaintiff employee, injured whilst working for the defendant in Libya, sued in contract and tort. The judge held that Libyan law was the proper law of the contract, but that this was of no relevance to the claim in tort which could proceed here . .
CitedSwiss Bank Corporation v Lloyds Bank Ltd CA 1981
An equitable charge is created when property is expressly or constructively made liable to the discharge of a debt or some other obligation, and the charge confers on the chargee a right of realisation by judicial process such as a sale order. . .

These lists may be incomplete.
Updated: 21 January 2021; Ref: scu.220222