Athena Capital Fund Sicav - Fis SCA v Crownmark Ltd

Athena Capital Fund Sicav - Fis SCA v Crownmark Ltd

Summary judgment is refused as there are arguable defences based on oral agreements and representations, and disputed facts require full trial. Conditional order imposed requiring Crownmark to pay the interest instalment into court. Strike out of counterclaim is refused as the misrepresentation claim is arguable and not bound to fail.

Parties
Claimant: Athena Capital Fund Sicav-Fis S. C. A; Defendant: Crownmark Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2019
Procedural Posture
Commercial Civil Claim / First Case Management Conference; Determination of Summary Judgment and Strike Out Applications
Outcome
Summary judgment application dismissed; strike out application dismissed; conditional order imposed.
Legal Topics
Summary Judgment, Strike Out, Misrepresentation, Estoppel, Collateral Contract, Rescission, Disclosure, Conditional Orders
Contract Law Civil Procedure Summary Judgment Strike Out Misrepresentation Estoppel Collateral Contract Rescission +2 more

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Parties

Athena Capital Fund Sicav-Fis S. C. A

Claimant

Crownmark Limited

Defendant

Procedural Posture

Commercial Civil Claim / First Case Management Conference; Determination of Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether summary judgment should be granted for the June 2017 interest payment under the Facility Agreement
  2. 2 Whether the Defendant's counterclaim should be struck out
  3. 3 Whether oral agreements and representations override written Facility Agreement

Ratio Decidendi

Summary judgment is refused as there are arguable defences based on oral agreements and representations, and disputed facts require full trial. Conditional order imposed requiring Crownmark to pay the interest instalment into court. Strike out of counterclaim is refused as the misrepresentation claim is arguable and not bound to fail.

Court Disposition

Summary judgment application dismissed; strike out application dismissed; conditional order imposed.

Orders

  • Crownmark to pay the full amount of the June 2017 interest instalment into court as condition to defend claim.
  • No order for asset disclosure by Crownmark.