Advance Global Capital Limited v Jeremy Howard Coombes

Advance Global Capital Limited v Jeremy Howard Coombes

The Defendant has no real prospect of success in defending the claim under the Personal Guarantee except as to the calculation of interest at the Default Interest Rate; judgment is entered for the sum calculated without Default Interest.

Parties
Claimant: Advance Global Capital Limited; Defendant: Jeremy Howard Coombes
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
Summary judgment granted in part
Legal Topics
Personal Guarantee, Summary Judgment, Collateral Contract, Estoppel, Abuse of Process
Contract Law Commercial Law Personal Guarantee Summary Judgment Collateral Contract Estoppel Abuse of Process

Case Brief

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Parties

Advance Global Capital Limited

Claimant

Jeremy Howard Coombes

Defendant

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendant has a real prospect of success in defending the claim under the Personal Guarantee
  2. 2 Whether a collateral contract or estoppel bars the Claimant from enforcing the Personal Guarantee
  3. 3 Whether the Third Demand is valid and properly calculated

Ratio Decidendi

The Defendant has no real prospect of success in defending the claim under the Personal Guarantee except as to the calculation of interest at the Default Interest Rate; judgment is entered for the sum calculated without Default Interest.

Court Disposition

Summary judgment granted in part

Orders

  • Judgment entered for £161,063.72 in favour of the Claimant
  • Balance of the claim to stand over for trial