QUEEN'S BENCH DIVISION
MANCHESTER DISTRICT REGISTRY
B e f o r e :
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(1) MAURICE JAMES HODGSON (2) MIRIAM HODGSON |
Claimants |
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- and - |
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ELLARD LIPSON |
Defendant |
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Mr. Christopher Nugee, QC and Mr. Pepin Aslett (instructed by Bishop & Co) for the Defendant
Hearing dates: 19 November, 2009
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Crown Copyright ©
Mr. Justice Kenneth Parker :
"(1) that the terms of the loan agreement applying interest to the principal sum have been varied, waived by estoppel or are unenforceable by reason of equitable forbearance and that, accordingly, the total sum due to the defendant is either the negotiable cost of the works completed by Basdring Ltd…… or the total sum paid by Forward Finance to Basdring Ltd to finance Basdring Ltd's work on the property."
Background
"In a case of this kind the alleged "representation" or promise or assurance ought to be reasonably clear and definite both as to the terms of the contract being waived and as to the duration of the waiver. It may be that the "representation" or promise of assurance has to have at least as much precision as would be needed for a variation of the contract."