Hodes v Frankel & Anor [2023] EWHC 442 (Ch) (01 March 2023)

Hodes v Frankel & Anor [2023] EWHC 442 (Ch) (01 March 2023)

The Defendants have a real prospect of successfully defending the claim on the basis of estoppel by convention or representation and/or release/discharge, as there is sufficient contemporaneous evidence of a common assumption and reliance. However, the defences that the Company Transactions were completed and that the Claimant was put to an election have no real prospect of success and summary judgment is granted on those issues.

Citation
[2023] EWHC 442 (Ch)
Parties
Claimant: Rael Hodes; Defendant: Jack Frankel; Defendant: Jacob Dreyfuss
Jurisdiction
England and Wales
Judgment Date
01 March 2023
Procedural Posture
Civil (commercial) / Summary Judgment And/or Strike Out Application
Outcome
Summary judgment granted in part; application otherwise dismissed.
Legal Topics
Summary Judgment, Strike Out, Estoppel by Convention, Release and Discharge of Contract, Personal Loan Agreement, Company Transactions
Contract Law Equity Civil Procedure Summary Judgment Strike Out Estoppel by Convention Release and Discharge of Contract Personal Loan Agreement +1 more

Case Brief

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Parties

Rael Hodes

Claimant

Jack Frankel

Defendant

Jacob Dreyfuss

Defendant

Procedural Posture

Civil (commercial) / Summary Judgment And/or Strike Out Application

Legal Issues

  1. 1 Whether the Defendants have a real prospect of successfully defending the claim under the Personal Loan Agreement based on estoppel by convention or representation and/or release/discharge.
  2. 2 Whether the Company Transactions were completed.
  3. 3 Whether the Claimant was put to an election between alternate remedies.

Ratio Decidendi

The Defendants have a real prospect of successfully defending the claim on the basis of estoppel by convention or representation and/or release/discharge, as there is sufficient contemporaneous evidence of a common assumption and reliance. However, the defences that the Company Transactions were completed and that the Claimant was put to an election have no real prospect of success and summary judgment is granted on those issues.

Court Disposition

Summary judgment granted in part; application otherwise dismissed.

Orders

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