The Case

In an earlier decision of Mr Justice Akenhead enforcing an adjudicator's decision, Mr Dawes was ordered to pay a total judgment debt of £1,239,310.12. This was paid into Treasure's bank account, and had in fact come from the account of Hayley Dawes, the daughter of Martin Dawes. The parties had continuing arbitration proceedings between them in which Treasure argued that the debt had not been properly discharged at all, and issued proceedings under civil procedure rules, part eight, to seek a determination of the issue.

Mr Dawes' case was that the money that was transferred from his daughter's account on 7 November 2007 was his own money, having been loaned to him by his son and daughter. In the alternative the sums were paid for and on his account by Hayley, with either his prior authority or his subsequent ratification. It was Treasure's case that, despite having been given opportunities to do so, Mr Dawes never clearly explained the basis of his case, either as to direct payment or payment made on his behalf.

The Issue

Had the judgment debt been discharged through payment from Mr Dawes' daughter's account?