Robert Jewkes v Samuel Alexander Watson & Anor

Robert Jewkes v Samuel Alexander Watson & Anor

The defences of non est factum, duress, and frustration disclosed no real prospect of success and were struck out. The defence of undue influence, both actual and presumed, raised triable issues due to the parent-child relationship, lack of independent advice, and the manifest disadvantage of the transaction. The claimant's application for summary judgment was dismissed as the undue influence defence should proceed to trial.

Parties
Claimant: Robert Jewkes; Defendant: Samuel Alexander Watson; Defendant: Emily Rebecca Watson
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (contract/commercial) / Application to Strike Out Defence And/or for Summary Judgment
Outcome
Application partly allowed, partly dismissed
Legal Topics
Non Est Factum, Undue Influence, Duress, Frustration of Contract, Summary Judgment, Striking Out Pleadings
Contract Law Equity Non Est Factum Undue Influence Duress Frustration of Contract Summary Judgment Striking Out Pleadings

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 4 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Robert Jewkes

Claimant

Samuel Alexander Watson

Defendant

Emily Rebecca Watson

Defendant

Procedural Posture

Civil (contract/commercial) / Application to Strike Out Defence And/or for Summary Judgment

Legal Issues

  1. 1 Whether the defence should be struck out for disclosing no reasonable grounds or as an abuse of process
  2. 2 Whether summary judgment should be granted for the claimant
  3. 3 Whether the defences of non est factum, undue influence, duress, and frustration are sustainable

Ratio Decidendi

The defences of non est factum, duress, and frustration disclosed no real prospect of success and were struck out. The defence of undue influence, both actual and presumed, raised triable issues due to the parent-child relationship, lack of independent advice, and the manifest disadvantage of the transaction. The claimant's application for summary judgment was dismissed as the undue influence defence should proceed to trial.

Court Disposition

Application partly allowed, partly dismissed

Orders

  • Defences of non est factum, duress, and frustration struck out
  • Application for summary judgment dismissed