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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.
Summary judgment, personal guarantee, loan contract, assignment clause, enforceability, contractual interpretation, Linked Finance, Digital Skills Enablement Services Limited, voluntary liquidation, bona fide defense, litigant in person, Directive, European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004, novation, Terms of Service, Linked Recoveries Limited, event of default, fair procedures, legal principles, arguable case.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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