The claimant, the defendant boxer’s former manager, sought a declaration that he did not owe a sum of money from a purse as claimed by the defendant. The issue had first been referred to arbitration and an order made. The defendant became bankrupt but it was later annulled. A sum of andpound;50,000 was payable. The claimant made such a payment, but not to the defendant’s receiver, and the defendant claimed that had been made for a different purpose, and the sum remained due. The claimant had sent a cheque for the sum but had then stopped payment. The defendant admitted receiving a sum which was not paid to his receiver.
Held: Whilst the court found difficulty in accepting the case of either party, that of the claimant was inherently more plausible. Declaration granted.
Tugendhat J
[2008] EWHC 3049 (QB)
Bailii
England and Wales
Contract
Updated: 11 November 2021; Ref: scu.278801