Contract
Barry and another v Barry [2024] EWHC 1661 (KB), [2024] All ER (D) 05 (Jul)
The Kings Bench Division allowed two elderly parents’ (the claimants’) contractual claim against their son (the defendant) for the recovery of money allegedly loaned to him, which remained outstanding, and which they alleged he still owed for property transactions he had made for his own benefit. The defendant had contended that the transfer of the relevant funds had been an internal family affair, without any intention to create legal relations. Although he had agreed that the claimants had loaned him money concerning three properties, he contended that, subsequently, they had agreed that he could write off the bulk of the money; that the loans personally made to him had been forgiven; and that, although a loan to a company (the company) he controlled with his wife remained outstanding, the company should have been sued, not the defendant. The court ruled, among other things, that: (i) the claimants had loaned the defendant money to help him purchase the properties with the clear intention that he would repay the sums; (ii)
