LCP Holding Ltd v Hombergh Holdings BV & Ors

LCP Holding Ltd v Hombergh Holdings BV & Ors

None of the three defences—duress, lack of consideration, or lack of execution—have any real prospect of success. The fee agreement is enforceable and the defendant is in breach for non-payment.

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 claimant
Legal Topics
Summary Judgment, Economic Duress, Consideration, Execution of Contract
Contract Law Commercial Law Summary Judgment Economic Duress Consideration Execution of Contract

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 three defences—duress, lack of consideration, or lack of execution—have any real prospect of success. The fee agreement is enforceable and the defendant is in breach for non-payment.

Court Disposition

Summary judgment granted for claimant

Orders

  • Order for payment of €750,000 due under the fee agreement
  • Permission for amendment of pleadings