Ratten & Anor v Ultra Motorhomes International Ltd & Anor, Court of Appeal - Chancery Division, December 15, 2006, [2006] EWHC 3415 (Ch)

Reporting Judge: [2006] EWHC 3415 (Ch)

President: Ratten & Anor v Ultra Motorhomes International Ltd & Anor

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Ratten & Anor v Ultra Motorhomes International Ltd & Anor, Court of Appeal - Chancery Division, December 15, 2006, [2006] EWHC 3415 (Ch)

CaseNo: 1052/04

Neutral Citation Number [2006] EWHC 3415 (Ch)

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

MANCHESTER DISTRICT REGISTRY

15/12/2006

Before:

MR JUSTICE PATTEN

IN THE MATTER OF ULTRA MOTORHOMES INTERNATION LIMITED AND IN THE MATTER OF THE INSOLVENCY ACT 1986

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Between:

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Mr L Doyle (instructed by Pannone Solicitors) for the Claimant

Miss S Muth (instructed by George Davies Solicitors for the 2nd Respondent

Hearing dates: 16,17 and 18 October 2006

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Judgment

Introduction

1. This is an application by the current supervisors of the company voluntary arrangement (``the CVA'') of Ultra Motorhomes International Ltd (``TJMIL''). The present applicants were substituted as claimants in place of the original supervisor (Mr Derek Oakley) by a consent order made on 9 August 2005. They seek a declaration that they are entitled to possession of what has become known in the proceedings as Vehicle 48 and an order for its delivery up. Directions are also sought for the assessment of damages consequent upon the removal of Vehicle 48 from the jurisdiction in April 2004 by the second Respondent Behike Electronic GMBh (``Behlke'').

2. Vehicle 48 is what is described as a Super Nova 1000S, It is a very large type of motor home built on a Volvo coach chassis with an interior that is custom designed and built to the purchaser's requirements.

3. Behike resists the claim on the basis of an agreement (``the Security Agreement'') contained in a letter from Ultra Vehicle Design Limited (``UVDL'') to Behlke dated 21 March 2003 and signed on behalf of UVDL by Dr Gideon Helmers and on behalf of Behike by Mr Frank Behike, its managing director. At the time of the agreement UVDL was the wholly owned subsidiary of UMIL and had succeeded to its business and assets under a variation of the CVA which took effect in December 2002. I will come to the background circumstances and the terms of this shortly.

4.. The Security Agreement is in German and at the hearing of a preliminary issue last year Lloyd U, my predecessor as Vice-Chancellor, held that the Courts of England and Wales had jurisdiction to determine the validity and enforceability of the Security Agreement but that it was governed by German law: se...

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