Appeal against summary judgment allowed where it was not clear that there was no arguable defence

Court of Appeal – Appeal against Order of the High Court granting Plaintiff bank summary judgment against the appellant – borrowers agreed to purchase a house at auction financed in part by two-four month bridging loans provided by the bank – financial difficulties were unable to move from the bridging facilities which expired – bank brought proceedings against the borrowers – high court granted summary judgment – has the plaintiff has made out a prima facie case for judgment – the court may only grant summary judgment where there is no arguable defence, it must be clear – the judge had erred in holding that nothing turned on whether or not the deceased had seen loan offer – in all the circumstances, it was not clear that there is no arguable defence – appeal allowed.