Bank Leumi (UK) Plc v Akrill [2014] EWCA Civ 907 (17 July 2014)

Bank Leumi (UK) Plc v Akrill [2014] EWCA Civ 907 (17 July 2014)

The judge erred in finding that Mr Akrill's case was wholly implausible at the summary stage; conditional leave to defend should be granted as the factual disputes regarding oral representations and implied agreements require trial, but estoppel by convention argument fails as a matter of law.

Citation
[2014] EWCA Civ 907
Parties
Claimant/respondent: Bank Leumi (UK) plc; Defendant/appellant: Philip Robert Akrill
Jurisdiction
England and Wales
Judgment Date
17 July 2014
Procedural Posture
Appeal From Summary Judgment in Civil Proceedings / Court of Appeal Judgment Remitting to High Court
Outcome
Appeal allowed in part; summary judgment set aside to extent indicated; application remitted to High Court for consideration of appropriate conditions for leave to defend.
Legal Topics
Personal Guarantees, Collateral Warranties, Summary Judgment, Fraudulent Misrepresentation, Implied Agreements, Estoppel by Convention
Contract Law Banking Law Personal Guarantees Collateral Warranties Summary Judgment Fraudulent Misrepresentation Implied Agreements Estoppel by Convention

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Parties

Bank Leumi (UK) plc

Claimant/respondent

Philip Robert Akrill

Defendant/appellant

Procedural Posture

Appeal From Summary Judgment in Civil Proceedings / Court of Appeal Judgment Remitting to High Court

Legal Issues

  1. 1 Whether oral representations by bank officials created collateral warranties limiting enforcement of personal guarantees
  2. 2 Whether fraudulent misrepresentation occurred regarding enforcement policy
  3. 3 Whether implied agreement existed for repayment on reasonable notice

Ratio Decidendi

The judge erred in finding that Mr Akrill's case was wholly implausible at the summary stage; conditional leave to defend should be granted as the factual disputes regarding oral representations and implied agreements require trial, but estoppel by convention argument fails as a matter of law.

Court Disposition

Appeal allowed in part; summary judgment set aside to extent indicated; application remitted to High Court for consideration of appropriate conditions for leave to defend.

Orders

  • Conditional leave to defend granted; matter remitted to High Court to determine conditions.
  • High Court to consider sufficiency of disclosure of assets by Mr Akrill and Manor Group companies.