Source: All England Reporter
Publisher Citation: [2011] All ER (D) 228 (Jul)
Neutral Citation: [2011] EWHC 1934 (QB)
Court: Queen's Bench Division, Birmingham District Registry
Judge:

Kitchin J
Representation Gregory Banner (instructed by Eversheds LLP) for the claimant.
  William Evans (instructed by Bridgehouse Partners LLP) for the defendant.
Judgment Dates: 25 July 2011

Catchwords

Guarantee - Construction - Surrounding circumstances - Summary judgment - Claimant bank providing substantial overdraft facility to defendant's company to fund purchase and development of property site - Defendant giving personal guarantee in respect of overdraft facility - Defendant subsequently placing company into administration - Claimant seeking to enforce personal guarantee - Whether defence having real prospect of success - CPR Pt 24.

The Case

Guarantee Construction. The Queen's Bench Division held, on the claimant's application for summary judgment of its claim against the defendant to enforce a personal guarantee given by the defendant in respect of liabilities of the defendant's property development company, that none of the defences raised by the defendant had a real prospect of success. Accordingly, the claimant was granted summary judgment.

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