D – Debt or liquidated claim
6/10/23
KHAN v SINGH-SALL [2023] EWCA Civ 1119
A claim on a guarantee, by which the guarantor undertakes to make good and pay on demand to a bank any default in payment by a company of its liabilities, is a claim in debt not for damages [30]. Such a claim is a claim for a liquidated sum even if the claim is disputed so that it cannot be known until trial whether the claim is a good one or not.
12/12/12
PHILLIPS & CO v BATH HOUSING CO-OPERATIVE LTD [2012] EWCA Civ 1591
In the absence of any other agreement, a solicitor’s claim for fees for work done was in the nature of a claim for a quantum meruit. Although the sum payable was not quantified until assessed by the court, the claim was for a “debt or liquidated pecuniary claim” for the purpose of s 29(5) Limitation Act 1980, and was therefore capable of being the subject of an acknowledgment sufficient to prevent a claim for payment becoming time-barred.