RAEL HODES v JACK FRANKEL

RAEL HODES v JACK FRANKEL

The Defence has a real prospect of success on the grounds of estoppel by convention/representation and discharge/release, based on contemporaneous evidence of conduct and representations; summary judgment is granted only on the issues of completion of Company Transactions and election/affirmation, which have no real...

Source-derived case information.

Parties
Claimant: Rael Hodes; Defendant: Jack Frankel; Defendant: Jacob Dreyfuss
Jurisdiction
England and Wales
Judgment Date
01 March 2023
Procedural Posture
Civil / Summary Judgment/strike Out Application
Outcome
Summary judgment granted in part; application otherwise dismissed.
Legal Topics
Personal Loan Agreement, Estoppel, Discharge of Contract, Summary Judgment, Strike Out
Contract Law Equity Personal Loan Agreement Estoppel Discharge of Contract Summary Judgment Strike Out

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Parties

Rael Hodes

Claimant

Jack Frankel

Defendant

Jacob Dreyfuss

Defendant

Procedural Posture

Civil / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the Personal Loan Agreement was discharged by consent or conduct
  2. 2 Whether the Claimant is estopped from claiming repayment under the Personal Loan Agreement
  3. 3 Whether the Company Transactions were completed

Ratio Decidendi

The Defence has a real prospect of success on the grounds of estoppel by convention/representation and discharge/release, based on contemporaneous evidence of conduct and representations; summary judgment is granted only on the issues of completion of Company Transactions and election/affirmation, which have no real prospect of success.

Court Disposition

Summary judgment granted in part; application otherwise dismissed.

Orders

  • Summary judgment granted to Claimant on the issues of completion of Company Transactions and election/affirmation.
  • Application for summary judgment and strike out otherwise dismissed.