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Practice – Summary judgment. The claimant bank contended that the defendant was liable for repayment of a loan paid to a United States law firm of which he was a partner and sought summary judgment. The defendant contended that the loan was to the firm and, alternatively, he was a guarantor. The Commercial Court, in dismissing the application, held that the defendant might establish that his obligations were those he had identified when seen against the background of the particular circumstances in which the contractual documents had been signed and the factual matrix as to the true purpose of the transaction.
Practice – Summary judgment. The claimant bank contended that the defendant was liable for repayment of a loan paid to a United States law firm of which he was a partner and sought summary judgment. The defendant contended that the loan was to the firm and, alternatively, he was a guarantor. The Commercial Court, in dismissing the application, held that the defendant might establish that his obligations were those he had identified when seen against the background of the particular circumstances in which the contractual documents had been signed and the factual matrix as to the true purpose of the transaction.
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