Barclays Bank Plc v Sutton [2015] EWHC 3192 (QB) (06 November 2015)

Barclays Bank Plc v Sutton [2015] EWHC 3192 (QB) (06 November 2015)

There was a concluded agreement for the transfer of the overdraft from CSF to PFL, effective upon the bank's satisfaction with security, which occurred when the defendant signed the guarantee. There was no evidence of a concluded agreement for a fixed term loan. The guarantee was enforceable even though other security was not provided, and the defendant had no real prospect of defending the claim or succeeding on the counterclaim.

Citation
[2015] EWHC 3192 (QB)
Parties
Claimant/respondent: Barclays Bank PLC; Defendant/appellant: Mr Clive Jeremy Sutton
Jurisdiction
England and Wales
Judgment Date
06 November 2015
Procedural Posture
Appeal / Appeal From Summary Judgment and Strike Out of Defence and Counterclaim
Outcome
Appeal dismissed
Legal Topics
Guarantee Enforcement, Summary Judgment, Conditions Precedent, Collateral Contract, Overdraft Facility, Term Loan Agreement
Contract Law Banking Law Guarantee Enforcement Summary Judgment Conditions Precedent Collateral Contract Overdraft Facility Term Loan Agreement

Case Brief

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Parties

Barclays Bank PLC

Claimant/respondent

Mr Clive Jeremy Sutton

Defendant/appellant

Procedural Posture

Appeal / Appeal From Summary Judgment and Strike Out of Defence and Counterclaim

Legal Issues

  1. 1 Whether there was a concluded agreement for a fixed term loan between the parties
  2. 2 Whether the guarantee signed by the defendant is enforceable in the absence of other security arrangements
  3. 3 Whether the defendant has a real prospect of successfully defending the claim or establishing a counterclaim

Ratio Decidendi

There was a concluded agreement for the transfer of the overdraft from CSF to PFL, effective upon the bank's satisfaction with security, which occurred when the defendant signed the guarantee. There was no evidence of a concluded agreement for a fixed term loan. The guarantee was enforceable even though other security was not provided, and the defendant had no real prospect of defending the claim or succeeding on the counterclaim.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for the claimant/respondent (Barclays Bank PLC)
  • Defendant's defence and counterclaim struck out