United Trust Bank Ltd v Diamantopoulos
The defendant's alleged assurance does not objectively amount to a promise that enforcement of the guarantee would only occur after sale of the property and any shortfall; thus, there is no real prospect of a successful defence and summary judgment is appropriate.
- Parties
- Claimant: United Trust Bank Limited; Defendant: Konstantinos Diamantopoulos
- Jurisdiction
- England and Wales
- Judgment Date
- 19 March 2020
- Procedural Posture
- Commercial Claim / Summary Judgment Application
- Outcome
- summary judgment granted for claimant
- Legal Topics
- Personal Guarantee Enforcement, Summary Judgment, Collateral Contract, Estoppel, Waiver, Fraud
Case Brief
Summary, issues, holding and outcome
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Parties
United Trust Bank Limited
Claimant
Konstantinos Diamantopoulos
Defendant
Procedural Posture
Commercial Claim / Summary Judgment Application
Legal Issues
- 1 Whether an alleged assurance by the claimant's representative estops or waives enforcement of the personal guarantee before sale of the secured property
- 2 Whether a collateral contract or fraud defence arises from the alleged assurance
- 3 Whether the defendant has a real prospect of defending the claim based on the pleaded facts
Ratio Decidendi
The defendant's alleged assurance does not objectively amount to a promise that enforcement of the guarantee would only occur after sale of the property and any shortfall; thus, there is no real prospect of a successful defence and summary judgment is appropriate.
Court Disposition
summary judgment granted for claimant
Orders
- Claimant awarded summary judgment for the entire sum claimed
- Counsel to provide up-to-date calculations
Full Case Text
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