S - Summary judgment (guarantees)
17/7/14
BANK LEUMI (UK) PLC v AKRILL [2014] EWCA Civ 907
The judge below had been wrong to give summary judgment to a bank on a claim on a guarantee. The guarantor had a defence with a real prospect of success that representations had been made to him that the bank would only seek to enforce the guarantee in the event of a shortfall after realising security on a property. But as it was improbable that the defence would succeed, the defendant would be given conditional leave to defend and the case would be remitted to the High Court to decide what conditions to impose.
7/6/13
CIMC RAFFLES OFFSHORE (SINGAPORE) LTD v SCHAHIN HOLDING SA [2013] EWCA Civ 644
Although normally a court may be able to deal summarily with the question of law whether a variation to a principal contract fell within the purview of a guarantee, on the facts the court needed to have regard to the factual matrix. Summary judgment was not therefore appropriate.
15/3/13
BUTTERFIELD BANK (UK) LTD v PHILIP, QBD (Merc)
An allegation by a guarantor that a bank had sold property at an undervalue was not supported by the evidence. The guarantee prevented set-off of cross-claims. Errors in the calculation of the debt and an issue as to the correct default rate were not material because the errors had been corrected and the default rate was not relied on. The defence had no prospect of success and the bank was granted summary judgment.
14/12/12
ERSTE GROUP BANK AG v JSC (VMZ RED OCTOBER) QBD (Comm)
A creditor was entitled to summary judgment against a guarantor despite the fact that a Russian court had set aside the guarantee. The guarantee was governed by English law and the decision of the Russian court had no effect.
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