Malik v Henley Homes Plc [2023] EWCA Civ 726 (27 June 2023)

Malik v Henley Homes Plc [2023] EWCA Civ 726 (27 June 2023)

The defence failed to show a real prospect of success that an oral agreement restricted repayment of loans; no evidence supported removal of claimant's prima facie right to repayment on demand.

Citation
[2023] EWCA Civ 726
Parties
Claimant / Respondent: Shafiq Malik; Defendant / Appellant: Henley Homes PLC
Jurisdiction
England and Wales
Judgment Date
27 June 2023
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal dismissed; summary judgment upheld.
Legal Topics
Directors' Loans, Shareholder Loans, Summary Judgment, Oral Agreements, Repayment Terms
Company Law Contract Law Directors' Loans Shareholder Loans Summary Judgment Oral Agreements Repayment Terms

Case Brief

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Parties

Shafiq Malik

Claimant / Respondent

Henley Homes PLC

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether oral agreement restricted repayment of loans to liquidity event or unanimous consent
  2. 2 Whether defence had real prospect of success against summary judgment

Ratio Decidendi

The defence failed to show a real prospect of success that an oral agreement restricted repayment of loans; no evidence supported removal of claimant's prima facie right to repayment on demand.

Court Disposition

Appeal dismissed; summary judgment upheld.

Orders

  • Summary judgment for claimant on liability to repay loans; sum to be assessed.
  • Interim payment of £2,362,152 to claimant by 23 December 2022.