Williams & Anor v Simm & Ors

Williams & Anor v Simm & Ors

The Facility Agreement, Loan Agreements, and Legal Charge are construed to impose personal liability on the Defendants as trustees, limited to the proceeds of sale of the Property; the Legal Charge was validly granted and registered, Claimants were validly appointed as receivers, Defendants' defences are bad in law and provide no real prospect of success, and summary judgment is granted for declaratory relief and sale order.

Parties
Claimant: Steven John Williams; Claimant: David Robert Acland; Defendant: John Adrian Simm; Defendant: James Richard Simm; Defendant: Jeremy Mark Simm
Jurisdiction
England and Wales
Judgment Date
27 January 2021
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for Claimants on claim and counterclaim, except for possession order and money judgment.
Legal Topics
Enforcement of Legal Charge, Appointment of Receivers, Trustee Liability, Variation of Contract, Estoppel, Overreaching, Actual Occupation
Property Law Trusts and Probate Contract Law Enforcement of Legal Charge Appointment of Receivers Trustee Liability Variation of Contract Estoppel +2 more

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Parties

Steven John Williams

Claimant

David Robert Acland

Claimant

John Adrian Simm

Defendant

James Richard Simm

Defendant

Jeremy Mark Simm

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Legal Charge was validly granted and registered
  2. 2 Whether the Claimants were validly appointed as fixed charge receivers
  3. 3 Whether Defendants have personal liability under the Facility Agreement and Loan Agreements

Ratio Decidendi

The Facility Agreement, Loan Agreements, and Legal Charge are construed to impose personal liability on the Defendants as trustees, limited to the proceeds of sale of the Property; the Legal Charge was validly granted and registered, Claimants were validly appointed as receivers, Defendants' defences are bad in law and provide no real prospect of success, and summary judgment is granted for declaratory relief and sale order.

Court Disposition

Summary judgment granted for Claimants on claim and counterclaim, except for possession order and money judgment.

Orders

  • Declaration that Legal Charge was validly granted and registered as security for Defendants' liabilities under Facility Agreement and Loan Agreements
  • Declaration that Claimants were validly appointed as fixed charge receivers of the Property