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Practice – Summary judgment. The defendant had given two personal guarantees to the claimant bank as security for loans made to his companies. When the bank called in the loans, the companies did not pay and the bank sought to enforce the personal guarantees. The defendant did not pay. The bank commenced proceedings and obtained summary judgment. The Court of Appeal, Civil Division, allowed the defendant's appeal and granted him conditional leave to defend the claim. The defendant's defence, although improbable, was not wholly implausible and the judge had erred in having found that the defendant had had no real prospect of establishing those defences.
Practice – Summary judgment. The defendant had given two personal guarantees to the claimant bank as security for loans made to his companies. When the bank called in the loans, the companies did not pay and the bank sought to enforce the personal guarantees. The defendant did not pay. The bank commenced proceedings and obtained summary judgment. The Court of Appeal, Civil Division, allowed the defendant's appeal and granted him conditional leave to defend the claim. The defendant's defence, although improbable, was not wholly implausible and the judge had erred in having found that the defendant had had no real prospect of establishing those defences.
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