CCUK Finance Ltd and another v Barclays Bank plc

Practice – Summary judgment. The claimant companies' application for summary judgment failed, in a dispute concerning remuneration for the alleged misselling of products by the defendant, Barclays Bank. The Commercial Court held that the question of whether a performance obligation between the parties should be construed in the favour of the claimants could not be resolved at summary judgment. Further, regarding the question of whether the claimants had a continuing entitlement to indemnity, there were clearly issues which could only be resolved with disclosure and evidence at trial.

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