AMC III Purple BV v Amethyst Radiotherapy Ltd

AMC III Purple BV v Amethyst Radiotherapy Ltd

The contractual documents (MFA and SLA) clearly stipulate payment obligations and preclude set-off; Defendant's non-payment constitutes Events of Default. No valid defence exists to summary judgment. Arbitration and refinancing arguments do not bar enforcement or judgment.

Parties
Claimant: AMC III Purple B. V.; Defendant: Amethyst Radiotherapy Limited
Jurisdiction
England and Wales
Judgment Date
14 June 2019
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
Summary judgment granted in favour of Claimant
Legal Topics
Summary Judgment, Loan Agreements, Events of Default, Set Off, Jurisdiction Clauses, Stay of Proceedings, Arbitration
Contract Law Commercial Law Summary Judgment Loan Agreements Events of Default Set Off Jurisdiction Clauses Stay of Proceedings +1 more

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Parties

AMC III Purple B. V.

Claimant

Amethyst Radiotherapy Limited

Defendant

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether Events of Default occurred under the MFA and SLA
  2. 2 Whether the Defendant is entitled to set-off against sums due under the MFA and SLA
  3. 3 Whether the SLA is subordinated to the MFA

Ratio Decidendi

The contractual documents (MFA and SLA) clearly stipulate payment obligations and preclude set-off; Defendant's non-payment constitutes Events of Default. No valid defence exists to summary judgment. Arbitration and refinancing arguments do not bar enforcement or judgment.

Court Disposition

Summary judgment granted in favour of Claimant

Orders

  • Declaration that Events of Default occurred under MFA and SLA
  • Order for payment of outstanding interest under MFA (€296,407.07)