LCP Holding Ltd v Hombergh Holdings BV & Ors [2012] EWHC 3643 (QB) (20 November 2012)

LCP Holding Ltd v Hombergh Holdings BV & Ors [2012] EWHC 3643 (QB) (20 November 2012)

None of the defences of economic duress, lack of consideration, or lack of execution have any real prospect of success; the fee agreement is enforceable and the claimant is entitled to summary judgment for the sums due.

Citation
[2012] EWHC 3643
Parties
Claimant/respondent: LCP Holding Limited; Defendant/appellant: Hombergh Holdings BV; Defendant/appellant: FNsteel Holdings BV; Defendant/appellant: FNsteel Germany 1BV
Jurisdiction
England and Wales
Judgment Date
20 November 2012
Procedural Posture
Commercial Contract Dispute / Summary Judgment Application
Outcome
Summary judgment granted for the claimant.
Legal Topics
Summary Judgment, Economic Duress, Consideration, Execution of Contract, Damages
Contract Law Commercial Law Summary Judgment Economic Duress Consideration Execution of Contract Damages

Case Brief

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Parties

LCP Holding Limited

Claimant/respondent

Hombergh Holdings BV

Defendant/appellant

FNsteel Holdings BV

Defendant/appellant

FNsteel Germany 1BV

Defendant/appellant

Procedural Posture

Commercial Contract Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the fee agreement is unenforceable for economic duress
  2. 2 Whether the fee agreement is unenforceable for lack of consideration
  3. 3 Whether the fee agreement is unenforceable due to lack of execution by all parties

Ratio Decidendi

None of the defences of economic duress, lack of consideration, or lack of execution have any real prospect of success; the fee agreement is enforceable and the claimant is entitled to summary judgment for the sums due.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Order for payment of €750,000 due under the fee agreement.
  • Permission to amend pleadings granted to claimant.