Close Invoice Finance Ltd v Watts & Anor

Close Invoice Finance Ltd v Watts & Anor

There was no credible evidence that CPE insurance was or should have been available for Glyn Webb, and no term in the Discounting Agreement or collateral contract required such cover. The Defendants' belief or alleged assurance did not provide a defence to the claim under the Guarantee. The order setting aside summary judgment was therefore wrong.

Parties
Appellant: Close Invoice Finance Ltd; Respondent: Robert Watts; Respondent: Dawn Watts
Jurisdiction
England and Wales
Judgment Date
02 September 2009
Procedural Posture
Civil Appeal / Appeal From Order Setting Aside Summary Judgment
Outcome
appeal allowed
Legal Topics
Summary Judgment, Guarantee and Indemnity, Credit Protection Insurance, Setting Aside Judgment
Contract Law Bankruptcy Law Summary Judgment Guarantee and Indemnity Credit Protection Insurance Setting Aside Judgment

Case Brief

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Parties

Close Invoice Finance Ltd

Appellant

Robert Watts

Respondent

Dawn Watts

Respondent

Procedural Posture

Civil Appeal / Appeal From Order Setting Aside Summary Judgment

Legal Issues

  1. 1 Whether the Defendants had a real prospect of defending the claim under the Guarantee given the facts and alleged assurances regarding CPE insurance.
  2. 2 Whether the order setting aside summary judgment was properly made.

Ratio Decidendi

There was no credible evidence that CPE insurance was or should have been available for Glyn Webb, and no term in the Discounting Agreement or collateral contract required such cover. The Defendants' belief or alleged assurance did not provide a defence to the claim under the Guarantee. The order setting aside summary judgment was therefore wrong.

Court Disposition

appeal allowed

Orders

  • Order of 5 December 2008 set aside
  • Summary judgment for the appellant reinstated