header-logo header-logo

11 December 2008 / Betul Milliner , Ben Daniels
Issue: 7349 / Categories: Features , Commercial
printer mail-detail

Disputed treasure

Ben Daniels & Betul Milliner on rare disputes concerning payment of debt by a third party

Disputes over payment of a debt by a third party are comparatively
rare. Creditors and debtors are normally united by a common interest to have an uncontested debt paid, regardless of the source of the funds.

However, in the recent case of Treasure & Son Ltd v Martin Dawes [2008] EWHC 2420 (TCC), [2007] All ER (D) 386 (Oct) such a dispute arose. Th e case revisits the law on third party payment of debts, and provides practical guidance on how to avoid similar disputes arising in the future.

The claimant, Treasure & Son (Treasure) had carried out extensive work on the defendant Martin Dawes’s home. Th e parties had subsequently fallen out and the dispute had been referred to an adjudicator who had found in favour of Treasure. As Mr Dawes did not pay the adjudicator’s award, Treasure issued enforcement proceedings and on 25 October 2007 the court ordered that Mr
Dawes should pay Treasure the judgment

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll