Estates v Freeguard & Anor [2002] EWCA Civ 1282 (29 July 2002)

Estates v Freeguard & Anor [2002] EWCA Civ 1282 (29 July 2002)

There was no accord and satisfaction because the agreed satisfaction (receipt of payment) was not received by the creditor; therefore, the judgment debt was not discharged and the charging order was properly made.

Citation
[2002] EWCA Civ 1282
Parties
Judgment Creditor: Arun Estates; Applicant/judgment Debtor: Roger Freeguard; Co Owner of House: Mrs Freeguard
Jurisdiction
England and Wales
Judgment Date
29 July 2002
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division), Application for Permission to Appeal and to Rely on Further Evidence
Outcome
Permission to appeal refused
Legal Topics
Charging Order, Accord and Satisfaction, Pinnel's Case, Equitable Estoppel, Enforcement of Judgment Debt
Civil Procedure Contract Law Debt Enforcement Charging Order Accord and Satisfaction Pinnel's Case Equitable Estoppel Enforcement of Judgment Debt

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Parties

Arun Estates

Judgment Creditor

Roger Freeguard

Applicant/judgment Debtor

Mrs Freeguard

Co Owner of House

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division), Application for Permission to Appeal and to Rely on Further Evidence

Legal Issues

  1. 1 Whether there was accord and satisfaction discharging the judgment debt
  2. 2 Whether the charging order should have been made
  3. 3 Whether the judge erred in admitting further evidence or conducting the hearing unfairly

Ratio Decidendi

There was no accord and satisfaction because the agreed satisfaction (receipt of payment) was not received by the creditor; therefore, the judgment debt was not discharged and the charging order was properly made.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused