Source: All England Reporter
Publisher Citation: [2009] All ER (D) 264 (Jan)
Court: Queen's Bench Division
Judge:

Field J (judgment delivered extempore)

Representation Natalie Stopps (instructed by Matthew Arnold & Baldwin) for the claimant.
  Christopher Harris (instructed by Wedlake Bell) for the defendant.
Judgment Dates: 30 January 2009

Catchwords

Guarantee - Enforcement - Duty of disclosure - Summary judgment - Guarantee entered into by parties where defendant director of company agreeing to guarantee payment on demand of liabilities of company to claimant bank - Claimant granting loan to company - Company defaulting on payments of loan - Claimant seeking immediate repayment of whole of loan - Defendant disputing amount owing - Master granting to claimant summary judgment - Whether master erring.

The Case

Guarantee Enforcement. Queen's Bench Division: The master had erred in granting the claimant bank's application for summary judgment against the defendant when material that he had requested from the bank had not been provided to him. In the light of the new material submitted, the master's decision could not stand; however, it was improbable that, on that material, he could establish a defence to the claim by the bank for the whole of the repayment of a loan.

Practice Areas

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