*/
Practice – Summary judgment. The claimant, Stemcor, sought summary judgment against the defendants in respect of sums allegedly due pursuant to two guarantees provided by them in relation to the liabilities to Stemcor of another company, GIKIL. The defendants cross-applied for a stay of proceedings pending the outcome of an arbitration between Stemcor and GIKIL. The Commercial Court held that, on the facts, Stemcor's application for summary judgment would be refused and the defendants' application for a stay would be granted. In circumstances where the proceedings were being stayed pending the determination of the arbitration with GIKIL, there could be no useful purpose in requiring the joinder of GIKIL.
Practice – Summary judgment. The claimant, Stemcor, sought summary judgment against the defendants in respect of sums allegedly due pursuant to two guarantees provided by them in relation to the liabilities to Stemcor of another company, GIKIL. The defendants cross-applied for a stay of proceedings pending the outcome of an arbitration between Stemcor and GIKIL. The Commercial Court held that, on the facts, Stemcor's application for summary judgment would be refused and the defendants' application for a stay would be granted. In circumstances where the proceedings were being stayed pending the determination of the arbitration with GIKIL, there could be no useful purpose in requiring the joinder of GIKIL.
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