Prompt Motor Ltd v HSBC Bank Plc [2017] EWHC 1487 (Ch) (20 June 2017)

Prompt Motor Ltd v HSBC Bank Plc [2017] EWHC 1487 (Ch) (20 June 2017)

The court has no jurisdiction to set aside the final order of 27 October 2011 absent fraud, and even if jurisdiction existed, discretion would not be exercised due to the staleness and lack of merit in the application. The threshold for a civil restraint order is not met as only one application has been dismissed as totally without merit.

Citation
[2017] EWHC 1487 (Ch)
Parties
Claimant: Prompt Motor Limited; Defendant: HSBC Bank PLC
Jurisdiction
England and Wales
Judgment Date
20 June 2017
Procedural Posture
Application to Set Aside Previous Order and Application for Civil Restraint Order / Post Summary Judgment, Applications to Set Aside and for Civil Restraint Order
Outcome
Both applications dismissed
Legal Topics
Summary Judgment, Civil Restraint Orders, Revocation of Final Orders, Security for Loans, Administrative Receivership
Civil Procedure Banking Law Company Law Summary Judgment Civil Restraint Orders Revocation of Final Orders Security for Loans Administrative Receivership

Case Brief

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Parties

Prompt Motor Limited

Claimant

HSBC Bank PLC

Defendant

Procedural Posture

Application to Set Aside Previous Order and Application for Civil Restraint Order / Post Summary Judgment, Applications to Set Aside and for Civil Restraint Order

Legal Issues

  1. 1 Whether the court has jurisdiction to set aside a final order refusing permission to appeal summary judgment
  2. 2 Whether grounds exist to set aside the order of 27 October 2011
  3. 3 Whether an extended civil restraint order should be made against the claimant and its directors

Ratio Decidendi

The court has no jurisdiction to set aside the final order of 27 October 2011 absent fraud, and even if jurisdiction existed, discretion would not be exercised due to the staleness and lack of merit in the application. The threshold for a civil restraint order is not met as only one application has been dismissed as totally without merit.

Court Disposition

Both applications dismissed

Orders

  • Application to set aside the order of 27 October 2011 dismissed as totally without merit
  • Application for civil restraint order against claimant and directors dismissed