Palmer & Harvey McLane Ltd v Garrad & Anor [2013] EWHC 3810 (Ch) (04 December 2013)

Palmer & Harvey McLane Ltd v Garrad & Anor [2013] EWHC 3810 (Ch) (04 December 2013)

The Settlement Agreement was intended to create legal relations and is enforceable. The evidence overwhelmingly supports P&H's case; the Garrads' arguments of sham and illegality are rejected. The counterclaims are unsubstantiated and fail. Judgment is entered for P&H for the sum claimed plus interest.

Citation
[2013] EWHC 3810 (Ch)
Parties
Claimant: Palmer & Harvey McLane Limited; Defendant: Clive Garrad; Defendant: Susan Garrad
Jurisdiction
England and Wales
Judgment Date
04 December 2013
Procedural Posture
Commercial Contract Dispute / Final Judgment
Outcome
judgment for claimant
Legal Topics
Enforceability of Settlement Agreements, Intention to Create Legal Relations, Illegality in Contract, Counterclaims for Unpaid Invoices, Personal Guarantees
Contract Law Commercial Law Enforceability of Settlement Agreements Intention to Create Legal Relations Illegality in Contract Counterclaims for Unpaid Invoices Personal Guarantees

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Parties

Palmer & Harvey McLane Limited

Claimant

Clive Garrad

Defendant

Susan Garrad

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment

Legal Issues

  1. 1 Whether the Settlement Agreement is enforceable against the Garrads
  2. 2 Whether the Settlement Agreement was a sham or illegal
  3. 3 Whether P&H owes sums claimed in the November invoices

Ratio Decidendi

The Settlement Agreement was intended to create legal relations and is enforceable. The evidence overwhelmingly supports P&H's case; the Garrads' arguments of sham and illegality are rejected. The counterclaims are unsubstantiated and fail. Judgment is entered for P&H for the sum claimed plus interest.

Court Disposition

judgment for claimant

Orders

  • Judgment for Palmer & Harvey McLane Limited against Clive and Susan Garrad for £1,764,572.65 plus interest.
  • Counterclaims dismissed.