JBR Capital Ltd v JM Investments/Trading Ltd & Anor [2023] EWHC 174 – 3 February 2023 (Ms Clare Ambrose)

Under hire purchase agreements relating to high-end cars, the Defendants defaulted on their scheduled payments to the Claimants. The Claimants issued warnings as to reliance on the contractual termination clause, then entered negotiations but ultimately terminated - without intimating that negotiations had ended.  Dismissing the Defendants’ case based on waiver or estoppel (specifically forbearance) the Court held that there was neither agreement nor unequivocal representation by the Claimants not to enforce their termination rights (nor any reliance by the Defendants).