Commercial / Contract Law

Receiver’s appointment ratified and possession granted despite technical trespass in early morning property entry

By: Decisis

High Court grants possession to the mortgage holder of a commercial property, affirming the retrospective ratification of a receiver's appointment despite a technical trespass during an early morning entry attempt. The court found that the receiver's actions, including the sale of an apartment at market value and the non-operation of a shop due to lack of capital and opposition from the defendants, were lawful and in the best interest of the appointing party. The original decision to grant an interlocutory injunction was upheld by the Supreme Court, and the receiver's appointment was later ratified by the bank's directors, rectifying any prior lack of authority. The court rejected the defendants' counterclaim of mismanagement of the receivership and determined that the mortgage holder had legal entitlement to the property, as recorded in the Land Registry.

Personal guarantee dispute leads to denial of summary judgment due to potential contractual ambiguities

By: Decisis

High Court declines to grant summary judgment in favor of the plaintiff seeking to enforce a personal guarantee against the defendant, a former director of a borrower company. The court found that there were potential issues regarding the assignment of the personal guarantee from the original lender to the plaintiff that warranted further exploration at a full hearing. The court was not satisfied that it was "very clear" that the defendant had no defense, particularly given the complexities surrounding the contractual documents and the assignment clause. The defendant, appearing as a litigant in person, raised several points challenging the validity and enforceability of the personal guarantee and the loan agreement, which the court found to be arguable and not suitable for determination on a summary motion.

Receiver’s delay in advancing proceedings leads to discharge of rent collection injunction

By: Decisis

High Court discharges an injunction that allowed a receiver to collect rents from certain properties, due to the receiver's significant delay in progressing the underlying proceedings and failure to comply with a court-ordered deadline. The original injunction, which was granted on the condition of an expedited trial, was intended to be a temporary measure. However, the receiver's subsequent inaction and the lack of a satisfactory explanation for the delay led to the court's decision to remove the injunction, restoring the defendants' right to collect rents. The court also noted potential prejudice to the defendants and the existence of new possession proceedings by the bank, which may render the current proceedings moot.

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Commercial / Contract Law

Receiver’s appointment ratified and possession granted despite technical trespass in early morning property entry

Personal guarantee dispute leads to denial of summary judgment due to potential contractual ambiguities

Receiver’s delay in advancing proceedings leads to discharge of rent collection injunction

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