Source: All England Reporter
Publisher Citation: [2012] All ER (D) 110 (May)
Neutral Citation: [2012] EWCA Civ 565
Court: Court of Appeal, Civil Division
Judge:

Arden, Toulson and Black LJJ
Representation Nigel Woodhouse (instructed by Faradays Solicitors) for the claimant.
  Thomas Roe (instructed by Kapoor & Co) for the defendant.
Judgment Dates: 2 May 2012

Catchwords

Money - Loan - Nature of transaction - Claimant seeking repayment of money advanced to defendant as personal loan - Defendant contending money advanced as investment in company - Defendant's case being claimant receiving shareholding in company - Defendant claiming parties compromising all liabilities between them - Judge finding no evidence of intention of claimant to invest - Judge finding compromise not including defendant's liability under personal loan - Defendant appealing finding of liability under loan - Whether judge erring.

The Case

Money Loan. The Court of Appeal, Civil Division, upheld a decision that money advanced by the claimant to the defendant had been by way of individual loan and had not been an investment in the defendant's company. Further, the liability had not been compromised by an agreement because it had been clear that that agreement had not been personal to the defendant alone, but had related to liabilities between the claimant and other parties involved with the defendant.

Practice Areas

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