Tibbs v Tibbs & Anor

Tibbs v Tibbs & Anor

The court found that John Tibbs loaned sums to Robert and Ann Tibbs, including £10,500 by cheque, £300,000 by bank transfer (with interest deducted), £63,000 by further transfers, and £107,550 plus £34,000 in cash. Repayments totalling £495,000 and £70,000 in cash were credited. A binding compromise agreement was reached but default judgment could not be entered due to deficiencies in the particulars of claim. Simple interest at 2% per month applies to sums borrowed from TBL and on-lent, with interest periods determined by repayment or refinancing. The interim charging order remains pending final calculation.

Parties
Claimant: Mr John Tibbs; Defendant: Mr Robert Tibbs; Defendant: Ms Ann Lesley Tibbs
Jurisdiction
England and Wales
Judgment Date
22 October 2020
Procedural Posture
Civil / Judgment
Outcome
Account and inquiry judgment; determination of sums loaned, repaid, and interest; further hearing required for final calculation.
Legal Topics
Loans, Interest, Repayment, Fraud Allegations, Charging Order, Account and Inquiry
Contract Family Property Loans Interest Repayment Fraud Allegations Charging Order +1 more

Case Brief

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Parties

Mr John Tibbs

Claimant

Mr Robert Tibbs

Defendant

Ms Ann Lesley Tibbs

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What sums were loaned by the claimant to the defendants and repaid between 2010 and November 2017?
  2. 2 Did the without prejudice correspondence result in a binding agreement requiring the defendants to pay a reduced sum?
  3. 3 Should the June Agreement be set aside for any vitiating element?

Ratio Decidendi

The court found that John Tibbs loaned sums to Robert and Ann Tibbs, including £10,500 by cheque, £300,000 by bank transfer (with interest deducted), £63,000 by further transfers, and £107,550 plus £34,000 in cash. Repayments totalling £495,000 and £70,000 in cash were credited. A binding compromise agreement was reached but default judgment could not be entered due to deficiencies in the particulars of claim. Simple interest at 2% per month applies to sums borrowed from TBL and on-lent, with interest periods determined by repayment or refinancing. The interim charging order remains pending final calculation.

Court Disposition

Account and inquiry judgment; determination of sums loaned, repaid, and interest; further hearing required for final calculation.

Orders

  • Defendants owe claimant £10,500 (cheques), £300,000 (bank transfer), £63,000 (transfers), £107,550 plus £34,000 (cash), subject to credit for repayments and interest.
  • Simple interest at 2% per month applies to TBL-related loans; interest on cash at bank rate.