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 alleged unpaid salaries, nor any agreement to write off the loans. The loans are therefore repayable on demand or immediately, and the claimants are entitled to repayment.

Citation
[2005] EWHC 473 (QB)
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, Implied Terms
Contract Law Loans Family Arrangements Repayment Terms Oral Agreements Implied Terms

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 3
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 loans made by claimants to defendants were repayable on demand or subject to an express condition regarding repayment
  2. 2 Whether loans were to be offset against alleged unpaid director's salaries
  3. 3 Whether there was an agreement to write off the loans

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 alleged unpaid salaries, nor any agreement to write off the loans. The loans are therefore repayable on demand or immediately, and the claimants are entitled to repayment.

Court Disposition

Judgment for the Claimants

Orders

  • Defendants to pay claimants £81,000 plus interest