HNW Lending Ltd v Lawrence [2025] EWHC 908 (Ch) (17 April 2025)

HNW Lending Ltd v Lawrence [2025] EWHC 908 (Ch) (17 April 2025)

Ms Lawrence is bound by the loan agreement and charge as she authorised her solicitor to act, ratified the agreement by accepting the loan and further advances, and her defences of duress, undue influence, and misrepresentation are unsupported by evidence. HNW has standing to sue under the Contracts (Rights of Third Parties) Act 1999 and the express terms of the loan agreement and charge. The defence and counterclaim are unwinnable and do not raise a genuine dispute on substantial grounds.

Citation
[2025] EWHC 908 (Ch)
Parties
Claimant: HNW Lending Limited; Defendant/part 20 Claimant: Ms Nicole Stacey Ann Lawrence; Third Party: Setfords Solicitors
Jurisdiction
England and Wales
Judgment Date
17 April 2025
Procedural Posture
Possession and Money Claim (chancery Division) / Interlocutory Applications—judgment on Amendment, Strike Out, Summary Judgment, Security for Costs, and Disclosure
Outcome
Defence and Counterclaim struck out; permission to amend Particulars of Claim granted; application to strike out claim refused; security for costs and disclosure refused; permission to appeal and stay of enforcement granted.
Legal Topics
Enforcement of Loan Agreements, Possession Proceedings, Security for Costs, Strike Out Applications, Third Party Rights Under Contracts, Duress and Undue Influence, Summary Judgment, Land Registration
Property Law Contract Law Civil Procedure Enforcement of Loan Agreements Possession Proceedings Security for Costs Strike Out Applications Third Party Rights Under Contracts +3 more

Case Brief

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Parties

HNW Lending Limited

Claimant

Ms Nicole Stacey Ann Lawrence

Defendant/part 20 Claimant

Setfords Solicitors

Third Party

Procedural Posture

Possession and Money Claim (chancery Division) / Interlocutory Applications—judgment on Amendment, Strike Out, Summary Judgment, Security for Costs, and Disclosure

Legal Issues

  1. 1 Whether the defendant is bound by the loan agreement and charge
  2. 2 Whether the claimant has title to sue under the loan agreement and charge
  3. 3 Whether the defence and counterclaim should be struck out

Ratio Decidendi

Ms Lawrence is bound by the loan agreement and charge as she authorised her solicitor to act, ratified the agreement by accepting the loan and further advances, and her defences of duress, undue influence, and misrepresentation are unsupported by evidence. HNW has standing to sue under the Contracts (Rights of Third Parties) Act 1999 and the express terms of the loan agreement and charge. The defence and counterclaim are unwinnable and do not raise a genuine dispute on substantial grounds.

Court Disposition

Defence and Counterclaim struck out; permission to amend Particulars of Claim granted; application to strike out claim refused; security for costs and disclosure refused; permission to appeal and stay of enforcement granted.

Orders

  • Permission granted to HNW to amend Particulars of Claim.
  • Defence and Counterclaim struck out and/or summary judgment granted for HNW.