Court of Appeal dismisses appeal of High Court summary judgment in the sum of STG£500,000 granted to plaintiff bank on foot of a guarantee provided by the defendant, on the grounds that the defendants had failed to reach the low threshold and there was no case to make by way of defence to the plaintiff’s claim.
Summary judgment – plaintiff bank granted judgment in the sum of STG£500,000 to cover the liabilities of Cloughvalley Stores – whether the defendants had raised an arguable defence to the proceedings on foot of the guarantee – principles to be applied by the court on an application for summary judgment – whether the High Court judge erred in law in failing to remit the proceedings to plenary hearing – Bankers’ Books Evidence Act 1879 – whether the proceedings were instituted in the incorrect jurisdiction – whether there was privity of contract between the parties – whether there was consideration for the guarantee – independent legal advise prior to executing the guarantee – whether the claim was statute barred – whether the claim was properly particularised – whether any demand was made of Cloughvalley prior to the institution of the proceedings – whether the grounding affidavits were sworn by proper officers of the plaintiff – whether the defendants were entitled to be furnished with certain documentation which they maintain was relevant to their potential defence of the proceedings – entitlement to cross-examine on oath the deponents of the bank’s affidavits – no case to make by way of defence to the plaintiff’s claim – appeal dismissed.