Andric v Credit Suisse (UK) Ltd & Anor

Andric v Credit Suisse (UK) Ltd & Anor

The claim, while weak and facing difficulties, cannot be said to have no real prospect of success without conducting a mini-trial; therefore, summary judgment or strike-out is inappropriate.

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 Claim / Application for Strike Out or Summary Judgment
Outcome
Application dismissed
Legal Topics
Summary Judgment, Strike Out, Contract Formation, Evidence, Guarantee
Commercial Law Summary Judgment Strike Out Contract Formation Evidence Guarantee

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Parties

Mr Milos Andric

Claimant

Credit Suisse (UK) Limited

First Defendant

Mr Hans-Olav Eldring

Second Defendant

Procedural Posture

Commercial Claim / Application for Strike Out or Summary Judgment

Legal Issues

  1. 1 Whether the claim has a realistic prospect of success
  2. 2 Existence and terms of the Brova/BES Agreement
  3. 3 Payment and forfeiture of €8.25m deposit

Ratio Decidendi

The claim, while weak and facing difficulties, cannot be said to have no real prospect of success without conducting a mini-trial; therefore, summary judgment or strike-out is inappropriate.

Court Disposition

Application dismissed

Orders

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