Chedington Events Ltd v Brake & Anor [2024] EWHC 101 (Ch) (25 January 2024)

Chedington Events Ltd v Brake & Anor [2024] EWHC 101 (Ch) (25 January 2024)

The £25,000 paid to the third party was held to the order of the first defendant, with Tom acting as nominee. Payments out at the defendants' direction reduced the debt, leaving £7,755.04 repayable to the first defendant and subject to a final third party debt order. The arrangement evidenced intention to create legal relations despite family ties.

Citation
[2024] EWHC 101 (Ch)
Parties
Claimant: Chedington Events Ltd; First Defendant: Nihal Mohamed Brake; Second Defendant: Andrew Young Brake; Third Party: Diana Rebecca Cawley
Jurisdiction
England and Wales
Judgment Date
25 January 2024
Procedural Posture
TPDO Application / Further Consideration of Interim Third Party Debt Order
Outcome
Final third party debt order granted for £7,755.04 in favour of claimant against third party.
Legal Topics
Third Party Debt Orders, Freezing Injunctions, Costs Orders, Intention to Create Legal Relations, Nominee Arrangements
Civil Procedure Property Law Trusts Contract Law Third Party Debt Orders Freezing Injunctions Costs Orders Intention to Create Legal Relations +1 more

Case Brief

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Parties

Chedington Events Ltd

Claimant

Nihal Mohamed Brake

First Defendant

Andrew Young Brake

Second Defendant

Diana Rebecca Cawley

Third Party

Procedural Posture

TPDO Application / Further Consideration of Interim Third Party Debt Order

Legal Issues

  1. 1 Whether the third party owes a debt to the judgment debtor under CPR Part 72
  2. 2 Whether payments made to the third party were held to the order of the defendants
  3. 3 Whether Tom acted as nominee for the first defendant

Ratio Decidendi

The £25,000 paid to the third party was held to the order of the first defendant, with Tom acting as nominee. Payments out at the defendants' direction reduced the debt, leaving £7,755.04 repayable to the first defendant and subject to a final third party debt order. The arrangement evidenced intention to create legal relations despite family ties.

Court Disposition

Final third party debt order granted for £7,755.04 in favour of claimant against third party.

Orders

  • Third party to pay £7,755.04 to claimant under TPDO.
  • Costs reserved.