Daniels & Anor v Lewis & Anor [2005] EWHC 473 (QB) (23 March 2005)

Daniels & Anor v Lewis & Anor [2005] EWHC 473 (QB) (23 March 2005)

The loans were informal family loans made without any express stipulation as to time for repayment; there was no agreement to make repayment conditional on payment of salaries or to write off the loans. The loans are repayable immediately or on demand, and the claimants are entitled to repayment.

Citation
[2005] EWHC 473
Parties
Claimant: Richard Jack Daniels; Claimant: Jacqueline Doris Daniels; Defendant: Nigel Lewis; Defendant: Heather Lewis
Jurisdiction
England and Wales
Judgment Date
23 March 2005
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the Claimants
Legal Topics
Loans, Family Arrangements, Repayment Terms, Oral Agreements, Restitution
Contract Law Loans Family Arrangements Repayment Terms Oral Agreements Restitution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Richard Jack Daniels

Claimant

Jacqueline Doris Daniels

Claimant

Nigel Lewis

Defendant

Heather Lewis

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether two informal family loans were repayable on demand or subject to a condition precedent
  2. 2 Whether the loans were written off or offset against alleged unpaid salaries

Ratio Decidendi

The loans were informal family loans made without any express stipulation as to time for repayment; there was no agreement to make repayment conditional on payment of salaries or to write off the loans. The loans are repayable immediately or on demand, and the claimants are entitled to repayment.

Court Disposition

Judgment for the Claimants

Orders

  • Defendants to pay the Claimants £81,000, together with interest