Bank of Scotland Plc v Waugh and others

Practice – Summary judgment. The proceedings concerned a charge on a property and a loan provided to a trust via a facility letter. The claimant bank sought summary judgment in relation to claims concerning the property and for sums due under the facility letter. The Chancery Division held that there was no realistic defence to the claim under the facility letter, and the bank would be entitled to summary judgment in respect of the sums claimed. Further, regarding the charge on the property, the trustees would not be estopped from relying on defects in the legal charge.

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