Haydock Finance Ltd v Starcruiser Bussing Ltd & Anor

Haydock Finance Ltd v Starcruiser Bussing Ltd & Anor

The Defendants failed to show any arguable defence to the Claimant’s application for delivery up of the vehicle; securitisation and alleged trust arrangements do not deprive the Claimant of the right to enforce the lease agreement or recover the vehicle.

Parties
Claimant: Haydock Finance Limited; First Defendant: Starcruiser Bussing Limited; Second Defendant: Mr Paul Coleman
Jurisdiction
England and Wales
Judgment Date
17 March 2021
Procedural Posture
Commercial Claim for Delivery Up and Money Judgment / Judgment After Fixed Date Hearing
Outcome
Order for delivery up of the vehicle granted; no judgment on the money claim at this stage.
Legal Topics
Lease Agreements, Guarantees, Securitisation, Jurisdiction, Summary Judgment, Recovery of Goods
Commercial Law Contract Law Trust Law Lease Agreements Guarantees Securitisation Jurisdiction Summary Judgment +1 more

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Parties

Haydock Finance Limited

Claimant

Starcruiser Bussing Limited

First Defendant

Mr Paul Coleman

Second Defendant

Procedural Posture

Commercial Claim for Delivery Up and Money Judgment / Judgment After Fixed Date Hearing

Legal Issues

  1. 1 Whether the Claimant is entitled to an order for delivery up of the vehicle
  2. 2 Whether the Claimant retains the right to sue for sums due under the lease and guarantee
  3. 3 Whether the claim should be transferred to the Chancery Division

Ratio Decidendi

The Defendants failed to show any arguable defence to the Claimant’s application for delivery up of the vehicle; securitisation and alleged trust arrangements do not deprive the Claimant of the right to enforce the lease agreement or recover the vehicle.

Court Disposition

Order for delivery up of the vehicle granted; no judgment on the money claim at this stage.

Orders

  • Order for delivery up of the vehicle registered number 7 OUR to the Claimant
  • Further directions to be determined regarding the money claim