Shafiq Malik v Henley Homes PLC

Shafiq Malik v Henley Homes PLC

The defendant's alleged oral agreement is not supported by contemporaneous documents or credible evidence; there is no real prospect of success in the defence; summary judgment on liability is appropriate.

Parties
Claimant: Shafiq Malik; Defendant: Henley Homes PLC
Jurisdiction
England and Wales
Judgment Date
20 October 2022
Procedural Posture
Commercial / Summary Judgment Application
Outcome
Summary judgment on liability granted to the claimant.
Legal Topics
Shareholder Loans, Oral Agreements, Summary Judgment, Directors' Loans
Company Law Contract Law Shareholder Loans Oral Agreements Summary Judgment Directors' Loans

Case Brief

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Parties

Shafiq Malik

Claimant

Henley Homes PLC

Defendant

Procedural Posture

Commercial / Summary Judgment Application

Legal Issues

  1. 1 Whether the loans made by the claimant to the defendant are repayable on demand or subject to an alleged oral agreement requiring unanimous consent for repayment
  2. 2 Whether the defendant has a real prospect of defending the claim based on the alleged oral agreement

Ratio Decidendi

The defendant's alleged oral agreement is not supported by contemporaneous documents or credible evidence; there is no real prospect of success in the defence; summary judgment on liability is appropriate.

Court Disposition

Summary judgment on liability granted to the claimant.

Orders

  • Application for summary judgment on liability succeeds.
  • Further argument to be heard on interim payment and costs.