Source: All England Reporter
Publisher Citation: [2016] All ER (D) 103 (Nov)
Neutral Citation: [2016] EWHC 2908 (Comm)
Court: Queen's Bench Division, Commercial Court

Flaux J

Representation Jonathan Davies-Jones QC and William Edwards (instructed by DLA Piper UK LLP) for the claimants.
  The defendants did not appear and were not represented.
Judgment Dates: 16 November 2016


Practice - Summary judgment - Entitlement to summary judgment - Proceedings concerning project to build and run power station in Tanzania - Claimant banks being involved in financing of project - First defendant company being established by second defendant company to build and operate power plant - Claimants commencing proceedings, seeking sums due under facility agreement - Claimants applying for summary judgment against defendants - Whether summary judgment available in claim against first and third defendants - Whether variations in facility agreement being tainted - Whether illegality occurring regarding facility agreement.

The Case

Practice Summary judgment. The Commercial Court allowed the claimant banks' applications for summary judgment in proceedings arising out of the financing of a power plant in Tanzania. None of the defendants had any defence to the claim. The claimants were entitled to the declarations sought and judgment for the sum of the debt owed.

Practice Areas

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