Douglas Homes Housing Incorporated v Alan Martin Dykes & Ors

Douglas Homes Housing Incorporated v Alan Martin Dykes & Ors

Mr Dykes is not precluded from challenging the expert determination for error of law or want of jurisdiction; summary judgment for damages is refused; account claim against Mr Braund cannot be summarily disposed due to fact-sensitive issues; Trust Issue not suitable for preliminary trial; all liability issues to proceed to full trial.

Parties
Claimant: Douglas Homes Housing Incorporated; Defendant: Alan Martin Dykes; Third Party: Wayne David Braund; Fourth Party: Arcade Plus Ltd; Fifth Party: Arcade Property Holdings Limited; Sixth Party: Arcade St Clements Limited
Jurisdiction
England and Wales
Judgment Date
01 December 2026
Procedural Posture
Civil / Summary Judgment and Strike Out Applications; Interlocutory Determination
Outcome
Applications for summary judgment and strike out refused; all liability issues to proceed to trial.
Legal Topics
Repudiatory Breach, Expert Determination, Fiduciary Duty, Trusts, Limitation of Actions, Summary Judgment, Strike Out, Account of Profits
Contract Law Equity Company Law Repudiatory Breach Expert Determination Fiduciary Duty Trusts Limitation of Actions +3 more

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Parties

Douglas Homes Housing Incorporated

Claimant

Alan Martin Dykes

Defendant

Wayne David Braund

Third Party

Arcade Plus Ltd

Fourth Party

Arcade Property Holdings Limited

Fifth Party

Arcade St Clements Limited

Sixth Party

Procedural Posture

Civil / Summary Judgment and Strike Out Applications; Interlocutory Determination

Legal Issues

  1. 1 Whether Mr Dykes committed a repudiatory breach of the Development Agreement
  2. 2 Whether Mr Dykes is precluded from challenging the expert determination
  3. 3 Whether Mr Braund owed a fiduciary duty and is accountable for payments

Ratio Decidendi

Mr Dykes is not precluded from challenging the expert determination for error of law or want of jurisdiction; summary judgment for damages is refused; account claim against Mr Braund cannot be summarily disposed due to fact-sensitive issues; Trust Issue not suitable for preliminary trial; all liability issues to proceed to full trial.

Court Disposition

Applications for summary judgment and strike out refused; all liability issues to proceed to trial.

Orders

  • Refusal of summary judgment for damages against Mr Dykes
  • Refusal of summary disposal of account claim against Mr Braund