ROY HARRY COLE v ANDREW HOWARTH

ROY HARRY COLE v ANDREW HOWARTH

The application to set aside summary judgment was refused because it was not made promptly and allowing it would unfairly prejudice the trial, which was ready to proceed.

Parties
Claimant: Roy Harry Cole; Claimant: Bury Van Hire Limited; Claimant: Bury Vehicle Leasing Limited; Claimant: H&A Holdings Limited; Defendant: Andrew Howarth; Defendant: Max Henry Kay; Defendant: Joseph Tyrrell
Jurisdiction
England and Wales
Judgment Date
15 March 2022
Procedural Posture
Civil / Application to Set Aside Summary Judgment
Outcome
application refused
Legal Topics
Summary Judgment, Setting Aside Judgment, Loan Guarantee
Civil Procedure Summary Judgment Setting Aside Judgment Loan Guarantee

Case Brief

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Parties

Roy Harry Cole

Claimant

Bury Van Hire Limited

Claimant

Bury Vehicle Leasing Limited

Claimant

H&A Holdings Limited

Claimant

Andrew Howarth

Defendant

Max Henry Kay

Defendant

Joseph Tyrrell

Defendant

Procedural Posture

Civil / Application to Set Aside Summary Judgment

Legal Issues

  1. 1 Whether the application to set aside summary judgment was made promptly
  2. 2 Whether the applicant has a real prospect of successfully defending the claim

Ratio Decidendi

The application to set aside summary judgment was refused because it was not made promptly and allowing it would unfairly prejudice the trial, which was ready to proceed.

Court Disposition

application refused

Orders

  • Application to set aside summary judgment is refused.