Naylors Timber Recovery Ltd v Jones (t/a Ark Pallets) [2001] EWCA Civ 1809 (16 November 2001)

Naylors Timber Recovery Ltd v Jones (t/a Ark Pallets) [2001] EWCA Civ 1809 (16 November 2001)

The agreement of 28 February 1994 was a binding compromise of all claims between the parties, not procured by duress or undue influence, and supported by consideration; therefore, the applicant's counterclaim was properly dismissed and there is no prospect of success on appeal.

Citation
[2001] EWCA Civ 1809
Parties
Claimant/respondent: Naylors Timber Recovery Limited; Defendant/applicant: Reginald Jones trading as Ark Pallets
Jurisdiction
England and Wales
Judgment Date
16 November 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Duress, Undue Influence, Settlement of Accounts, Consideration, Compromise Agreements
Contract Law Civil Procedure Duress Undue Influence Settlement of Accounts Consideration Compromise Agreements

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Parties

Naylors Timber Recovery Limited

Claimant/respondent

Reginald Jones trading as Ark Pallets

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the agreement of 28 February 1994 was procured by duress or undue influence
  2. 2 Whether the agreement constituted a binding compromise of all claims between the parties
  3. 3 Whether there was consideration to support the agreement

Ratio Decidendi

The agreement of 28 February 1994 was a binding compromise of all claims between the parties, not procured by duress or undue influence, and supported by consideration; therefore, the applicant's counterclaim was properly dismissed and there is no prospect of success on appeal.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed