| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 90 (Jul) |
| Court: | Chancery Division |
| Judge: | Hart J |
| Representation | John Machell (instructed by Watson Farley Williams) for the claimant. |
| Colin Nasir, solicitor advocate of Colin Nasir & Co for the first defendant. | |
| The second defendant did not appear and was not represented. | |
| Judgment Dates: | 4 July 2003 |
Catchwords
Contracts - Debt - Liability - Loan agreement secured by first legal charge over property - Claimant seeking an order for possession and money judgment on summary judgment application - Prospect of successful defence of claim at trial.
The Case
Taking all matters into account the court ruled, inter alia, that it would be wrong to allow the claimant to succeed on its claim for possession pursuant to a legal charge on a summary judgment. However, the claimant was entitled to judgment in respect of sums owed under a guarantee and in respect of the first defendant's overdraft.
Practice Areas
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