Freear v Andrews

Freear v Andrews

Summary judgment and strike out applications dismissed as factual disputes regarding terms of repayment and trust require full trial and cannot be determined summarily.

Parties
Claimant: Stephen Jason Freear; Defendant: Duncan Edward Andrews
Jurisdiction
England and Wales
Judgment Date
17 December 2020
Procedural Posture
Civil / Final Judgment on Summary Judgment and Strike Out Applications
Outcome
Applications for summary judgment and strike out dismissed.
Legal Topics
Summary Judgment, Strike Out Applications, Breach of Contract, Breach of Trust, Quistclose Trust, Implied Terms
Contract Law Trust Law Civil Procedure Summary Judgment Strike Out Applications Breach of Contract Breach of Trust Quistclose Trust +1 more

Case Brief

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Parties

Stephen Jason Freear

Claimant

Duncan Edward Andrews

Defendant

Procedural Posture

Civil / Final Judgment on Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether monies advanced by the Claimant are repayable on demand as an express or implied term of the agreement
  2. 2 Whether the Defendant breached a Quistclose trust by failing to hold monies in escrow
  3. 3 Whether the Defendant's Defence should be struck out or summary judgment granted

Ratio Decidendi

Summary judgment and strike out applications dismissed as factual disputes regarding terms of repayment and trust require full trial and cannot be determined summarily.

Court Disposition

Applications for summary judgment and strike out dismissed.

Orders

  • Claimant's applications dismissed.