Dean McGuiness & Anor v Goldentree Financial Services Plc & Anor

Dean McGuiness & Anor v Goldentree Financial Services Plc & Anor

The 2019 loan was an investment property loan, not a regulated mortgage contract, as less than 40% of the land was intended for use as a dwelling and the loan was for business purposes. The 2021 facility was to a company, not an individual, and thus outside the regulated mortgage regime. Mr McGuinness's claims had no realistic prospect of success. The Composite Proceedings and Insolvency Application were procedurally defective and disclosed no reasonable grounds. Goldentree is entitled to summary judgment and strike out of the relevant claims.

Parties
Claimant: Dean McGuinness; Claimant: Hitcham Homes Limited (in administration); Defendant: Goldentree Financial Services PLC; Defendant: Edward Avery-Gee and Daniel Richardson (as joint administrators of Hitcham Homes Limited)
Jurisdiction
England and Wales
Judgment Date
04 October 2025
Procedural Posture
Civil (insolvency/property/contract) / Interlocutory Applications for Summary Judgment and Strike Out
Outcome
Summary judgment for Goldentree on 2019 and 2021 Loan Claims; strike out of Composite Proceedings and Insolvency Application; dismissal of Mr McGuinness's applications; Possession Proceedings remain extant for trial.
Legal Topics
Summary Judgment, Strike Out, Regulated Mortgage Contracts, Personal Guarantees, Administration of Companies, Possession Proceedings
Insolvency Property Law Contract Law Financial Regulation Summary Judgment Strike Out Regulated Mortgage Contracts Personal Guarantees +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dean McGuinness

Claimant

Hitcham Homes Limited (in administration)

Claimant

Goldentree Financial Services PLC

Defendant

Edward Avery-Gee and Daniel Richardson (as joint administrators of Hitcham Homes Limited)

Defendant

Procedural Posture

Civil (insolvency/property/contract) / Interlocutory Applications for Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether the 2019 and 2021 loan agreements are unenforceable regulated mortgage contracts under the Financial Services and Markets Act 2000 and related Orders
  2. 2 Whether Mr McGuinness's personal guarantee was discharged by variation
  3. 3 Whether the Composite Proceedings and Insolvency Application should be struck out for procedural defects and lack of reasonable grounds

Ratio Decidendi

The 2019 loan was an investment property loan, not a regulated mortgage contract, as less than 40% of the land was intended for use as a dwelling and the loan was for business purposes. The 2021 facility was to a company, not an individual, and thus outside the regulated mortgage regime. Mr McGuinness's claims had no realistic prospect of success. The Composite Proceedings and Insolvency Application were procedurally defective and disclosed no reasonable grounds. Goldentree is entitled to summary judgment and strike out of the relevant claims.

Court Disposition

Summary judgment for Goldentree on 2019 and 2021 Loan Claims; strike out of Composite Proceedings and Insolvency Application; dismissal of Mr McGuinness's applications; Possession Proceedings remain extant for trial.

Orders

  • Summary judgment in favour of Goldentree on Mr McGuinness’s 2019 and 2021 Loan Claims
  • Strike out of the residue of Mr McGuinness’s case in the Composite Proceedings