Jewkes v Watson & Anor [2023] EWHC 2993 (Ch) (30 November 2023)

Jewkes v Watson & Anor [2023] EWHC 2993 (Ch) (30 November 2023)

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 circumstances of the transaction, so summary judgment was refused.

Citation
[2023] EWHC 2993 (Ch)
Parties
Claimant: Robert Jewkes; Defendant: Samuel Alexander Watson; Defendant: Emily Rebecca Watson
Jurisdiction
England and Wales
Judgment Date
30 November 2023
Procedural Posture
Commercial Contract Claim / Application to Strike Out Defence And/or for Summary Judgment
Outcome
Application partly granted and partly refused
Legal Topics
Undue Influence, Non Est Factum, Duress, Frustration, Summary Judgment, Striking Out Pleadings
Contract Law Equity Undue Influence Non Est Factum Duress Frustration Summary Judgment Striking Out Pleadings

Case Brief

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Parties

Robert Jewkes

Claimant

Samuel Alexander Watson

Defendant

Emily Rebecca Watson

Defendant

Procedural Posture

Commercial Contract Claim / Application to Strike Out Defence And/or for Summary Judgment

Legal Issues

  1. 1 Whether the defences of non est factum, undue influence, duress, and frustration have a real prospect of success against the claimant's claim for payment under a deed of assignment
  2. 2 Whether the defence should be struck out and/or summary judgment granted

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 circumstances of the transaction, so summary judgment was refused.

Court Disposition

Application partly granted and partly refused

Orders

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