Chedington Events Ltd v Nihal Mohamed Brake & Anor

Chedington Events Ltd v Nihal Mohamed Brake & Anor

The £25,000 paid to the third party was not genuine rent or a gift but was held to the order of the first defendant, with Tom D’Arcy acting as her nominee. Payments out by the third party at the direction of the first defendant reduced the debt, leaving £7,755.04 repayable and subject to a final third party debt order. The court exercised its discretion to make the order final, finding an intention to create legal relations and rejecting the argument that the sum was too small to justify enforcement.

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
11 October 2024
Procedural Posture
Third Party Debt Order (tpdo) Application / Further Consideration of Interim Tpdo; Final Order Determination
Outcome
Interim third party debt order made final in the sum of £7,755.04
Legal Topics
Third Party Debt Orders, Intention to Create Legal Relations, Nominee Arrangements, Family Transactions, Execution of Judgments
Civil Procedure Enforcement of Judgments Trusts and Equity Third Party Debt Orders Intention to Create Legal Relations Nominee Arrangements Family Transactions Execution of Judgments

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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

Third Party Debt Order (tpdo) Application / Further Consideration of Interim Tpdo; Final Order Determination

Legal Issues

  1. 1 Whether the sum of £25,000 paid to the third party is a debt owed to the judgment debtor and subject to a third party debt order
  2. 2 Whether the payment was a genuine advance rent, a gift, or funds held to the order of the defendants
  3. 3 Whether Tom D’Arcy was acting as a nominee for the first defendant

Ratio Decidendi

The £25,000 paid to the third party was not genuine rent or a gift but was held to the order of the first defendant, with Tom D’Arcy acting as her nominee. Payments out by the third party at the direction of the first defendant reduced the debt, leaving £7,755.04 repayable and subject to a final third party debt order. The court exercised its discretion to make the order final, finding an intention to create legal relations and rejecting the argument that the sum was too small to justify enforcement.

Court Disposition

Interim third party debt order made final in the sum of £7,755.04

Orders

  • Third party debt order made final in the sum of £7,755.04 against Diana Rebecca Cawley in favour of Chedington Events Ltd