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High Court grants plaintiff bank summary judgment in the amount of Stg. £500,000, plus interest, on foot of personal guarantees of debts of a company known as Cloughvalley Stores Northern Ireland Ltd, on the grounds that no arguable defence has been raised to the proceedings.
Application is for summary judgment - whether very clear that the defendant has no case - whether no issue to be tried or only issues which are simple and easily determined - plaintiff claims existence of valid binding guarantee entered into between it and the defendants of the debts to them of a company known as Cloughvalley Stores Northern Ireland Ltd - guarantee limited to a sum of Stg. £500,000 - argued by defendants that plaintiff should sue in Northern Ireland - that here is no privity of contact between them and the plaintiff bank as guarantee was with Northern Tailored Solutions as set out in the facility letter - that there was no consideration - that they did not have independent legal advice - that the plaintiff’s claim is statute-barred - that the defendants have issued proceedings in Northern Ireland against Northern Bank Ltd. t/a Danske Bank and Tom Keenan t/a Keenan Corporate Finance and by later amendment Cloughvalley Stores Northern Ireland Ltd - that the claim is not properly particularised - that no demand was made of the company for payment of the debts - and that the deponents on behalf of bank are simply employees of the bank and not officers, thus all their evidence, as set out in their affidavits is hearsay - grounds raised do not raise arguable defence to these proceedings on foot of the guarantee - clearly a valid guarantee - principal debtor has defaulted - guarantee has been called in - no payment has been made in respect thereof - plaintiff entitled to summary judgment.
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