HNW Lending Limited v Nicole Stacey Ann Lawrence

HNW Lending Limited v Nicole Stacey Ann Lawrence

Ms Lawrence is bound by the Loan Agreement and Charge as evidenced by her authorisation to her solicitor, acceptance of loan funds, and subsequent conduct. HNW Lending Limited has title to sue and enforce the Loan Agreement and Charge pursuant to Clause 26.7 and the Contracts (Rights of Third Parties) Act 1999. The Defence and Counterclaim are unwinnable and do not raise a genuine dispute on substantial grounds; the claim should not be struck out for lack of standing. Applications for security for costs and disclosure are refused.

Parties
Claimant: HNW Lending Limited; Defendant/part 20 Claimant: Ms Nicole Stacey Ann Lawrence; Third Party: Setfords Solicitors
Jurisdiction
England and Wales
Judgment Date
22 April 2025
Procedural Posture
Civil / Interlocutory Judgment on Applications to Amend, Strike Out, and Summary Judgment
Outcome
HNW's application to amend Particulars of Claim and to strike out/grant summary judgment on Defence and Counterclaim granted; Ms Lawrence's application to strike out the claim refused.
Legal Topics
Enforcement of Loan Agreements, Mortgage Possession, Third Party Rights Under Contracts, Strike Out Applications, Summary Judgment, Duress and Undue Influence, Security for Costs, Disclosure
Property Law Contract Law Civil Procedure Enforcement of Loan Agreements Mortgage Possession Third Party Rights Under Contracts Strike Out Applications Summary Judgment +3 more

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Parties

HNW Lending Limited

Claimant

Ms Nicole Stacey Ann Lawrence

Defendant/part 20 Claimant

Setfords Solicitors

Third Party

Procedural Posture

Civil / Interlocutory Judgment on Applications to Amend, Strike Out, and Summary Judgment

Legal Issues

  1. 1 Whether Ms Lawrence is bound by the Loan Agreement and Charge
  2. 2 Whether HNW Lending Limited has title to sue and enforce the Loan Agreement and Charge
  3. 3 Whether the Defence and Counterclaim should be struck out or summary judgment granted

Ratio Decidendi

Ms Lawrence is bound by the Loan Agreement and Charge as evidenced by her authorisation to her solicitor, acceptance of loan funds, and subsequent conduct. HNW Lending Limited has title to sue and enforce the Loan Agreement and Charge pursuant to Clause 26.7 and the Contracts (Rights of Third Parties) Act 1999. The Defence and Counterclaim are unwinnable and do not raise a genuine dispute on substantial grounds; the claim should not be struck out for lack of standing. Applications for security for costs and disclosure are refused.

Court Disposition

HNW's application to amend Particulars of Claim and to strike out/grant summary judgment on Defence and Counterclaim granted; Ms Lawrence's application to strike out the claim refused.

Orders

  • Permission granted to amend Particulars of Claim.
  • Defence and Counterclaim struck out; summary judgment granted.