CCUK Finance Ltd & Anor v Barclays Bank Plc

CCUK Finance Ltd & Anor v Barclays Bank Plc

The application for summary judgment is dismissed because there are real and substantial disputes of fact and law regarding the scope of the indemnity, the existence and effect of any 'Agreed Practice' or estoppel, the appropriateness of specific performance, and the validity of Barclays' counterclaim for unjust enrichment. These issues require full trial with disclosure and evidence and are not suitable for summary determination.

Parties
Claimant: CCUK Finance Limited; Claimant: CIAC Corporation; Defendant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
20 February 2018
Procedural Posture
Commercial Court Claim (contract/indemnity) / Summary Judgment Application and Strike Out/counterclaim
Outcome
Application dismissed
Legal Topics
Indemnity, Mis Selling, Unjust Enrichment, Specific Performance, Summary Judgment, Estoppel
Contract Law Banking Law Commercial Law Indemnity Mis Selling Unjust Enrichment Specific Performance Summary Judgment +1 more

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Parties

CCUK Finance Limited

Claimant

CIAC Corporation

Claimant

Barclays Bank PLC

Defendant

Procedural Posture

Commercial Court Claim (contract/indemnity) / Summary Judgment Application and Strike Out/counterclaim

Legal Issues

  1. 1 Whether Barclays is obliged to take over the remediation process under the SPA Performance Obligation
  2. 2 Whether CompuCredit is entitled to a continuing indemnity for remediation payments under the SPA
  3. 3 Whether CompuCredit's remediation payments fall within the scope of the indemnity

Ratio Decidendi

The application for summary judgment is dismissed because there are real and substantial disputes of fact and law regarding the scope of the indemnity, the existence and effect of any 'Agreed Practice' or estoppel, the appropriateness of specific performance, and the validity of Barclays' counterclaim for unjust enrichment. These issues require full trial with disclosure and evidence and are not suitable for summary determination.

Court Disposition

Application dismissed