Abbot Investments (North Africa) Ltd v Nestoil Ltd (formerly Nestoil plc)

Practice – Summary judgment. The Commercial Court refused to enter summary judgment for the claimant in its claim seeking sums due under a loan note from the defendant as guarantor, as it could not be said that there was no real prospect of the defence succeeding. However, given that the defence was weak and the defence would not be stifled, it was ordered that the defendant pay US$2m into court would be made, failing which the claimant might enter judgment.

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