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The High Court dismissed a winding up petition after finding a genuine and substantial dispute over whether the debt was due, and over notice under the loan documents.
Mr Hami was obliged under the Loan Agreement to pay over distributions received in respect of the Shares and to transfer the Shares by March 2010. He failed to transfer the Shares and did not pay the full amount of distributions, resulting in a shortfall. No express or constructive trust arose over the Shares or their proceeds. The claim is not time-barred, and only a limited tax indemnity applies. Mr Mancini is entitled to judgment for the shortfall as a debt, alternatively as damages for breach of contract.
Source excerpt
Fishman v Mangazeev [2024] EWHC 2558 (Ch) (03 October 2024)
The High Court considered whether a settlement deed discharged a loan claim and whether the defendant was at real risk of dissipating assets. A freezing injunction was granted in part.
Necarcu Ltd v Oldham Athletic (2004) Association Football Club Ltd [2023] EWHC 2096 (Comm) (28 June 2023)
The High Court found that Oldham Athletic remained liable on a loan despite later correspondence. The 12 January 2018 letter effected a novation to Mr Corney, but the 15 January letter was ineffective.
AC Sports Wiltshire LLC v Swindon Town Football Company Ltd [2022] EWHC 2071 (Ch) (25 July 2022)
A winding up petition was dismissed after the court found the company had a substantial dispute over whether a ÂŁ100,000 loan had become a non-refundable deposit.
Volpi & Anor v Volpi [2021] EWHC 2143 (Ch) (02 August 2021)
The High Court held that CHF 6 million used to buy an apartment for Matteo Volpi was a loan, not a gift, and that he likely signed the loan agreement.
The High Court held that an oral collateral agreement made a share transfer security for an interest-free ÂŁ250,000 loan, allowing repayment and return of the shares.
Anthony Paul Bamford & Elea Solutions (UK) Ltd v Hughes & Ors [2020] EWHC B30 (Comm) (31 July 2020)
The High Court granted summary judgment on a £70,000 loan claim, finding the defendants’ contrary defence fanciful and contradicted by signed documents and correspondence.
Dory Acquisitions Designated Activity Company v Frangos (Rev 1) [2020] EWHC 240 (Comm) (31 January 2020)
The High Court held that defective service of an unsealed claim form could be cured under CPR 3.10, then granted summary judgment on the guaranteed debt.
The High Court validated defective service of an unsealed claim form, granted permission for summary judgment, and entered judgment on a guarantee debt.
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