Williams v Simm PT-2020-MAN-000048

27th January 2021

Oliver Wooding, a member of St John’s Chambers’ Property team successfully appeared and obtained summary judgment on behalf of professional receivers appointed under a fixed charge against a building development site. A dispute arose between the lenders and receivers, and the borrowers, following failures by the borrowers to repay the sums lent to them as trustees of a family trust. The borrowers denied the validity of the receivers’ appointment and of the underlying charge, and argued that there had been an oral variation of any underlying agreement.

Oliver Wooding

After a full day’s hearing, HHJ Cawson QC granted summary judgment in favour of the receivers – Williams & Acland v Simm & Ors [2021] EWHC 121 (Ch). In particular, the Judge gave a helpful review of the nature of the law as to the capacity of trustees to enter into legal obligations, and the application of anti-oral variation clauses in commercial contracts following the recent Supreme Court decision in MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2019] AC 119.

Oliver was instructed by Ellen Yeates of Clarke Willmott LLP.

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