The parties had a dispute arbitrated by the Beth Din, who ordered the sale of a property. In apparent breach of that order the owner purported to sell the property. The claimant had registered a caution which the defendants now sought to be vacated.
Held: Provisional awards by arbitrators were not directly enforceable unless the parties agreed otherwise, and such an agreement was found here. However, the parties had not agreed that the award should create any proprietary interest in or charge against the property.
Judges:
The Hon Mr Justice Lightman
Citations:
[2004] EWHC 592 Ch, Times 26-Apr-2004
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Elias v Mitchell 1972
A caution against dealings can only be registered to protect some form of interest in land . .
Cited – Edwards, 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 . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Land
Updated: 01 October 2022; Ref: scu.194842