Owen Morgan v Business Mortgage Finance 5 PLC
[2024] EWHC 309 (KB)
Stella Eboh v James Baird
15 February 2024
[2024] EWHC 318 (KB)
High Court
Someone tried to get a quick court order to stop a house sale, but the court said no because they already lost a similar case in a lower court. The court said they should keep fighting the case in the lower court instead of trying to get another order in a higher court.
Key Facts
- •Claimant issued a without-notice Form 244 application for an injunction against the Defendant to prevent the sale of a property.
- •The property was allegedly fraudulently sold to the Defendant by the Claimant's ex-husband in 2017.
- •Prior proceedings involved financial remedy proceedings in the Central Family Court and county court proceedings in the Central London County Court.
- •The Central Family Court lacked jurisdiction to address the Claimant's claim for the property's value.
- •The Central London County Court dismissed the Claimant's claim against the Defendant.
- •The Claimant subsequently applied to set aside the county court's order.
Legal Principles
The court considers the appropriateness of issuing a without-notice injunction in light of existing proceedings and prior court decisions.
Inherent jurisdiction of the High Court
Outcomes
The High Court dismissed the Claimant's without-notice application for an injunction.
The application was misconceived as it sought the same injunction already refused by the county court. The proper avenue for the Claimant was to pursue the existing application to set aside the county court's order. The High Court found no basis for an urgent without-notice injunction.