Collier v P & MJ Wright (Holdings) Ltd [2007] EWCA Civ 1329 is an English contract law case, concerning the doctrine of consideration and promissory estoppel in relation to "alteration promises".
David Uff, instructed by Jai Ramsahoye of Betesh Partnership (for Collier) sought to carve out a third exception to Pinnel's Case (above and beyond Sir Edward Coke's own "the gift of a horse, hawk, robe etc.
in satisfaction is good" and that established by Williams v Roffey) submitting that: where a debtor agrees to pay part of a joint debt, and to become severally liable for that part, the parties have necessarily entered into a binding agreement for good consideration that the debtor's liability for the rest of the joint debt is discharged...serving to illustrate the ongoing tension between Pinnel's Case/Foakes v Beer "doctrine" and that of promissory estoppel and the judicial reticence to displace/modify a doctrine that flowed from no less a man than Sir Edward Coke; some commentators seeing the case as leaving some doors open to side-stepping Foakes v Beer via promissory estoppel (formulated in High Trees).
Collier is a case where, despite all attempts, no such consideration could be found, and the court contemplated giving equitable relief in a manner which accepts a similar degree of artificiality.
[4] A mixed supporter includes: Robert Pearce QC, who after highlighting the uncertainty as to whether the courts will follow the implications inherent in High Trees, D & C Builders v Rees and this case, specify "as a corollary, if there is 'true accord' [true later agreement], it will necessarily follow that it will be inequitable for the creditor to seek payment of the balance"[5] going on to say: That approach has the practical effect of reversing Foakes v Beer, and it is difficult to feel enthusiasm for so prescriptive a view of what is 'inequitable'.