Hodgson & Anor v Lipson [2009] EWHC 3111 (QB) (01 December 2009)

Hodgson & Anor v Lipson [2009] EWHC 3111 (QB) (01 December 2009)

The claimants' case that the original loan agreement was replaced by a sufficiently definite and enforceable substitute bargain to pay a reasonable price for the completed works has a realistic prospect of success and should proceed to trial; the alternative claim based on equitable forbearance or promissory...

Source-derived case information.

Citation
[2009] EWHC 3111
Parties
Claimant: Maurice James Hodgson; Claimant: Miriam Hodgson; Defendant: Ellard Lipson
Jurisdiction
England and Wales
Judgment Date
01 December 2009
Procedural Posture
Appeal / Appeal Against Summary Striking Out of Claim in Part; Application to Strike Out Remaining Claim
Outcome
Appeal dismissed; order of District Judge upheld
Legal Topics
Variation of Contract, Consideration, Promissory Estoppel, Equitable Forbearance, Enforceability of Agreements, Extortionate Credit Bargains
Contract Law Equity Consumer Credit Variation of Contract Consideration Promissory Estoppel Equitable Forbearance Enforceability of Agreements +1 more

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Summary, issues, holding and outcome

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Parties

Maurice James Hodgson

Claimant

Miriam Hodgson

Claimant

Ellard Lipson

Defendant

Procedural Posture

Appeal / Appeal Against Summary Striking Out of Claim in Part; Application to Strike Out Remaining Claim

Legal Issues

  1. 1 Whether the alleged substitute bargain was sufficiently definite and certain to be enforceable
  2. 2 Whether consideration was given for the substitute bargain
  3. 3 Whether the claimants have a realistic prospect of success at trial

Ratio Decidendi

The claimants' case that the original loan agreement was replaced by a sufficiently definite and enforceable substitute bargain to pay a reasonable price for the completed works has a realistic prospect of success and should proceed to trial; the alternative claim based on equitable forbearance or promissory estoppel is not made out if the substitute bargain is not sufficiently precise.

Court Disposition

Appeal dismissed; order of District Judge upheld

Orders

  • Claim to proceed to trial on the issue of enforceability of the substitute bargain
  • No further order made regarding paragraphs of the prayer struck out by the District Judge