Adibe v National Westminster Bank Plc [2017] EWHC 1655 (Ch) (16 March 2017)

Adibe v National Westminster Bank Plc [2017] EWHC 1655 (Ch) (16 March 2017)

Permission to appeal was granted and the appeal allowed because there was a real prospect of success in establishing a collateral contract obliging the Bank to mark the claimant's credit file as settled, based on the factual findings and evidence of antecedent oral agreement, and the written Tomlin order did not preclude such a collateral term.

Citation
[2017] EWHC 1655 (Ch)
Parties
Claimant/respondent: Pius Aloysius Adibe; Defendant/appellant: National Westminster Bank PLC
Jurisdiction
England and Wales
Judgment Date
16 March 2017
Procedural Posture
Appeal / Permission to Appeal and Appeal Hearing
Outcome
Permission to appeal granted; appeal allowed on the limited point advanced.
Legal Topics
Collateral Contract, Parol Evidence Rule, Settlement Agreements, Credit File Amendment, Summary Judgment
Contract Law Banking Law Credit Reporting Collateral Contract Parol Evidence Rule Settlement Agreements Credit File Amendment Summary Judgment

Case Brief

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Parties

Pius Aloysius Adibe

Claimant/respondent

National Westminster Bank PLC

Defendant/appellant

Procedural Posture

Appeal / Permission to Appeal and Appeal Hearing

Legal Issues

  1. 1 Whether there was a collateral contract obliging the Bank to mark the claimant's credit file as settled
  2. 2 Whether the written Tomlin order constituted the entire agreement between the parties
  3. 3 Whether summary judgment was appropriate given disputed factual issues

Ratio Decidendi

Permission to appeal was granted and the appeal allowed because there was a real prospect of success in establishing a collateral contract obliging the Bank to mark the claimant's credit file as settled, based on the factual findings and evidence of antecedent oral agreement, and the written Tomlin order did not preclude such a collateral term.

Court Disposition

Permission to appeal granted; appeal allowed on the limited point advanced.

Orders

  • Permission to appeal is granted.
  • Appeal is allowed on the issue of collateral contract.