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This week, Ive been looking at the case of Coleman v Mundell, which was handed down at the end of last month. The case was a dispute about an oral contract. The claimant, Mr C sought specific performance of the contract, which is an order compelling a party to comply with their contractual obligations. It is an equitable remedy and so it is only available at the courts discretion. The facts of this case may be summarised as follows. Mr C, the claimant, had a company which was suffering financial difficulties and he wanted to secure a cash injection into his business. He owned shares in a Spanish entity. The defendant Mr M was Mr Cs friend and also a businessman. Mr C and Mr M had a conversation on the 30th of September 2016. Mr C and Mr M each recalled that conversation differently. At trial, Mr C said that Mr M agreed to make an interest-free loan of 250,000 and that the loan would be secured on Mr Cs shares. Mr M recalled that Mr C had said that
