Treasure & Son Ltd v Dawes

The judgment debt was discharged because the payment was made by Hayley and Paul Dawes for and on account of Martin Dawes, with his authority or subsequent ratification, satisfying the legal requirements for third party payment to discharge a debt.

Parties: Claimant: Treasure & Son Limited; Defendant: Martin Dawes
Jurisdiction: England and Wales
Judgment Date: 15 September 2008
Procedural Posture: Civil (construction/enforcement) / Judgment on Part 8 Proceedings
Outcome: Judgment for Martin Dawes; declaration that the judgment debt was discharged by payment for and on his behalf.
Legal Topics: Enforcement of Judgment, Third Party Payment, Agency, Discharge of Debt

Civil Procedure Construction Law Enforcement of Judgment Third Party Payment Agency Discharge of Debt

Case Brief

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Parties

Treasure & Son Limited

Claimant

Martin Dawes

Defendant

Procedural Posture

Civil (construction/enforcement) / Judgment on Part 8 Proceedings

Legal Issues

1 Whether the judgment debt was discharged by payment from a third party account
2 Whether payment by Hayley and Paul Dawes discharged Martin Dawes' debt to Treasure & Son Limited
3 Whether the payment was made with authority or subsequent ratification

Ratio Decidendi

Court Disposition

Judgment for Martin Dawes; declaration that the judgment debt was discharged by payment for and on his behalf.

Orders

Parties to discuss and agree the form of order to reflect the judgment.
Hayley and Paul Dawes to confirm they will not seek repayment from Treasure & Son Limited; if not, further application may be made.