||All England Reporter
|| All ER (D) 34 (Dec)
||Siward Atkins (instructed by Allen & Overy) for the claimant.
||Peter Martin (instructed by Needleman Treon) for the first defendant.
||4 December 2001
Money - Promissory note - Money paid against promissory note - Claimant executor's predecessor depositing money with company against promissory note - First defendant controlling company and accepting responsibility for repayment of deposit - Claimant succeeding as executor and applying for summary judgment against first and second defendants for repayment of deposit - Whether summary judgment should be granted.
Where the claimant had applied for summary judgment against the defendant for money deposited against a promissory note, that application would be granted where the defendant had no prospect of successfully defending the claims at trial. In the instant case, the defendant's defences were so implausible, that it was clear they would not succeed at trial, and accordingly, the claimant's application would be granted.
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