Source: All England Reporter
Publisher Citation: [2012] All ER (D) 204 (Oct)
Neutral Citation: [2012] EWHC 2564 (Ch)
Court: Chancery Division
Judge:

David Donaldson QC sitting as a deputy judge of the High Court

Representation Peter de Verneuil Smith (instructed by Taylor Wessing LLP) for the claimants.
  Andrew Ayers (instructed by Evans Dodd LLP) for the defendant.
Judgment Dates: 12 October 2012

Catchwords

Practice - Summary judgment - Entitlement to summary judgment - Claimants seeking enforcement of defendant's guarantee - Claimants seeking summary judgment and striking out of defence - Court refusing summary judgment - Claimants seeking permission to amend and summary judgment on amended case - Defendant seeking adjournment - Whether summary judgment should be granted - Whether defence should be struck out - Whether leave to amend should be granted - Whether adjournment should be granted.

The Case

Practice Summary judgment. Bank and finance companies commenced proceedings against a guarantor to enforce a guarantee. The guarantor filed a defence and counterclaim. The bank and finance company sought summary judgment, the striking out of the defence and permission to amend the claim. The guarantor sought an adjournment. The Chancery Division refused the adjournment, allowed the amendment, granted summary judgment and, accordingly, struck out the defence.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.