Source: All England Reporter
Publisher Citation: [2005] All ER (D) 185 (Nov)
Court: Queen's Bench Division (Commercial Court)
Judge:

Gloster J

Representation Edwin Glasgow QC and Jonathan Bellamy (instructed by AWB Partnership) for the claimant.
  Jeffrey Onions QC (instructed by Clifford Chance LLP) for the defendant.
Judgment Dates: 15 November 2005

Catchwords

Guarantee - Enforcement - Cash collateral placed into account by guarantor - Debtor defaulting on loan - Creditor drawing on moneys in account - Guarantor bringing claim for breach of mandate - Whether creditor to be given summary judgment.

The Case

In the circumstances of the case, the claimant's claim for breach of mandate in respect of the debiting of an account which was provided as security for a loan had a real, as opposed to fanciful, prospect of success.

Practice Areas

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