Lediaev v Vallen

Lediaev v Vallen

The mortgage loan was a personal contribution by the defendant and interest was not chargeable to the partnership; the defendant must account for occupation rent for the claimant's share; the litigation agreements did not oblige the defendant to pay the recovered monies to the claimant personally, but the claimant is personally liable for the success fee and certain expenses; the agreements are not clearly champertous on the facts and are enforceable; set off applies to the liquidated sums due on both sides.

Parties
Claimant: Vadim Lediaev; Defendant: Dimitry Vallen
Jurisdiction
England and Wales
Judgment Date
24 April 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim partly allowed, counterclaim partly allowed, set off ordered, judgment for net balance.
Legal Topics
Partnerships and Joint Ventures, Success Fees, Champerty, Set Off, Trustee Duties, Contract Interpretation
Contract Law Equity Trusts Civil Procedure Partnerships and Joint Ventures Success Fees Champerty Set Off +2 more

Case Brief

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Parties

Vadim Lediaev

Claimant

Dimitry Vallen

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether mortgage interest is chargeable to the partnership under the property agreement
  2. 2 Whether the defendant must account for occupation rent
  3. 3 Whether the litigation agreements oblige the defendant to pay recovered monies to the claimant personally

Ratio Decidendi

The mortgage loan was a personal contribution by the defendant and interest was not chargeable to the partnership; the defendant must account for occupation rent for the claimant's share; the litigation agreements did not oblige the defendant to pay the recovered monies to the claimant personally, but the claimant is personally liable for the success fee and certain expenses; the agreements are not clearly champertous on the facts and are enforceable; set off applies to the liquidated sums due on both sides.

Court Disposition

Claim partly allowed, counterclaim partly allowed, set off ordered, judgment for net balance.

Orders

  • Judgment for claimant for £107,741.94 plus interest at base rate plus 1% from three working days after completion of sale.
  • Declaration that defendant must account for occupation rent for claimant's share (13.87%) for the relevant period, quantum to be assessed by a Master if not agreed, with interest at same rate.