Source: All England Reporter
Publisher Citation: [2017] All ER (D) 18 (Sep)
Neutral Citation: [2017] EWHC 2230 (Ch)
Court: Chancery Division, Birmingham District Registry

Judge Lance Ashworth QC

Representation Alec McCluskey (instructed by Eversheds Sutherland LLP) for the bank.
  Guy Adams (instructed by Michelmores LLP) for the first defendant.
  The second defendant appeared in person.
Judgment Dates: 5 September 2017


Bank - Securities - Enforcing securities

The Case

Bank Securities. The claimant bank's claim against the defendants for sums due under financing agreements and a guarantee was allowed, along with its claim for a possession order in respect of two properties. Among other things, the Chancery Division held that, the first defendant's claim that the bank was estopped from enforcing its security before he had had the opportunity to conduct a sale of assets to reduce the debt to the bank, had failed at the first hurdle.

Practice Areas

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