| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 537 (Jul) |
| Neutral Citation: | [2003] EWHC 1939 (Ch) |
| Court: | Chancery Division |
| Judge: | Hart J |
| Representation | Paul Chaisty QC and Andrew Latimer (instructed by Boote Edgar Esterkin) for the claimants. |
| Harold Burnett QC and Andrew Thomas (instructed by Bracher Rawlins) for the defendants. | |
| Judgment Dates: | 31 July 2003 |
Catchwords
Contracts - Formation - Loan agreement - Claimants seeking to recover moneys advanced allegedly by way of loan repayable on demand - Claimants seeking relief in respect of transfer of certain properties by first defendant to second defendant - Existence of alleged agreement - Existence of beneficial interest of first defendant in properties - s 423.
The Case
In two sets of proceedings in which the claimants sought, first, the recovery of moneys advanced to the first defendant and, secondly, relief under s423 of the the court ruled that, on the evidence, the contentions of the claimants were made out. Accordingly, their claims would be allowed.
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