Capital Bank Plc v Soor

Capital Bank Plc v Soor

The applicant failed to provide sufficient evidence or details to support his claim that further payments should have been credited. The respondent properly accounted for all payments for which evidence was provided. There was no procedural unfairness in the handling of evidence, and no grounds to set aside or vary the consent order.

Parties
Claimant/respondent: Capital Bank PLC; Defendant/applicant: Harminder Soor
Jurisdiction
England and Wales
Judgment Date
16 December 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Consent Orders, Guarantees, Variation of Court Orders, Summary Judgment, Appeal Procedure
Contract Law Banking Law Consent Orders Guarantees Variation of Court Orders Summary Judgment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Capital Bank PLC

Claimant/respondent

Harminder Soor

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing to vary or set aside the consent order based on alleged uncredited payments
  2. 2 Whether the claimant/respondent failed to properly account for payments made by the defendant/applicant
  3. 3 Whether the lateness of the claimant's evidence prejudiced the defendant/applicant's case

Ratio Decidendi

The applicant failed to provide sufficient evidence or details to support his claim that further payments should have been credited. The respondent properly accounted for all payments for which evidence was provided. There was no procedural unfairness in the handling of evidence, and no grounds to set aside or vary the consent order.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused with costs to the respondent
  • Costs assessed summarily in the sum of £3,120, exclusive of VAT