Source:	All England Reporter
Publisher Citation:	[2001] All ER (D) 34 (Dec)
Court:	Chancery Division
Judge:	Lloyd j
Representation	Siward Atkins (instructed by Allen & Overy) for the claimant.
	Peter Martin (instructed by Needleman Treon) for the first defendant.
Judgment Dates:	4 December 2001

Catchwords

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.

The Case

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.

Practice Areas

• Company Commercial
• Dispute Resolution
• Personal Injury

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