Andric v Credit Suisse (UK) Ltd & Anor [2017] EWHC 1724 (Comm) (11 July 2017)

Andric v Credit Suisse (UK) Ltd & Anor [2017] EWHC 1724 (Comm) (11 July 2017)

The claim, while weak and facing significant evidential challenges, cannot be said to have no real prospect of success without conducting a mini-trial. The evidence and supporting documents, though questionable, are not so improbable as to justify summary dismissal at this stage.

Citation
[2017] EWHC 1724 (Comm)
Parties
Claimant: Mr Milos Andric; First Defendant: Credit Suisse (UK) Limited; Second Defendant: Mr Hans-Olav Eldring
Jurisdiction
England and Wales
Judgment Date
11 July 2017
Procedural Posture
Commercial Court Claim / Application for Strike Out or Summary Judgment
Outcome
Application dismissed
Legal Topics
Summary Judgment, Strike Out Applications, Contract Formation, Evidence, Loss and Damages
Commercial Law Contract Law Summary Judgment Strike Out Applications Contract Formation Evidence Loss and Damages

Case Brief

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Parties

Mr Milos Andric

Claimant

Credit Suisse (UK) Limited

First Defendant

Mr Hans-Olav Eldring

Second Defendant

Procedural Posture

Commercial Court Claim / Application for Strike Out or Summary Judgment

Legal Issues

  1. 1 Whether the claim has a realistic prospect of success
  2. 2 Whether there was a binding agreement between Brova and BES
  3. 3 Whether a deposit of €8.25m was paid and forfeited

Ratio Decidendi

The claim, while weak and facing significant evidential challenges, cannot be said to have no real prospect of success without conducting a mini-trial. The evidence and supporting documents, though questionable, are not so improbable as to justify summary dismissal at this stage.

Court Disposition

Application dismissed

Orders

  • CSUK's application for strike-out or summary judgment is dismissed.