Ahmad & Ors v Bank of Scotland & Ors [2014] EWHC 4611 (Ch) (28 November 2014)

Ahmad & Ors v Bank of Scotland & Ors [2014] EWHC 4611 (Ch) (28 November 2014)

The only binding agreement was the letter of 27 May 2008, which did not restrict the Bank's right to appoint Receivers after June 2008. The Bank's subsequent appointment of Receivers was lawful and did not constitute a breach of contract or variation/waiver of its rights. The claimants are estopped from relitigating loss or undervalue claims due to prior final decisions. No loss was suffered as the properties were sold at or above valuation after proper marketing. The Receivers are not liable for procuring breach or trespass as their appointments were valid.

Citation
[2014] EWHC 4611 (Ch)
Parties
Claimants: Ahmad and Others; First Defendant: Bank of Scotland; Second Defendant: PricewaterhouseCoopers LLP; Third Defendant: Third Defendant (Partner of PWC); Fourth Defendant: Fourth Defendant (Partner of PWC); Fifth Defendant: Fifth Defendant; Sixth Defendant: Sixth Defendant (GVA Grimleys Plc); Seventh Defendant: Seventh Defendant (GVA Grimleys Plc)
Jurisdiction
England and Wales
Judgment Date
28 November 2014
Procedural Posture
Civil (chancery Division) / Application for Strike Out And/or Summary Judgment
Outcome
All claims dismissed; summary judgment and/or strike out granted in favour of all defendants.
Legal Topics
Appointment of Receivers, Breach of Contract, Estoppel, Summary Judgment, Strike Out, Guarantees, Variation and Waiver of Contract, Issue Estoppel, Abuse of Process
Banking and Finance Contract Law Property Law Civil Procedure Appointment of Receivers Breach of Contract Estoppel Summary Judgment +5 more

Case Brief

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Parties

Ahmad and Others

Claimants

Bank of Scotland

First Defendant

PricewaterhouseCoopers LLP

Second Defendant

Third Defendant (Partner of PWC)

Third Defendant

Fourth Defendant (Partner of PWC)

Fourth Defendant

Fifth Defendant

Fifth Defendant

Sixth Defendant (GVA Grimleys Plc)

Sixth Defendant

Seventh Defendant (GVA Grimleys Plc)

Seventh Defendant

Procedural Posture

Civil (chancery Division) / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the Bank breached a contract or varied/waived its rights by appointing Receivers after the May 2008 agreement
  2. 2 Whether the claimants are estopped from bringing claims due to prior litigation and issue estoppel
  3. 3 Whether the Receivers are liable for procuring breach of contract or trespass

Ratio Decidendi

The only binding agreement was the letter of 27 May 2008, which did not restrict the Bank's right to appoint Receivers after June 2008. The Bank's subsequent appointment of Receivers was lawful and did not constitute a breach of contract or variation/waiver of its rights. The claimants are estopped from relitigating loss or undervalue claims due to prior final decisions. No loss was suffered as the properties were sold at or above valuation after proper marketing. The Receivers are not liable for procuring breach or trespass as their appointments were valid.

Court Disposition

All claims dismissed; summary judgment and/or strike out granted in favour of all defendants.

Orders

  • Permission to amend Particulars of Claim refused as claims are not arguable.
  • All claims against the Bank and Receivers dismissed.