CNH Financial Services SAS v Krecent Traders Ltd & Anor [2010] EWHC 2429 (Comm) (04 October 2010)

CNH Financial Services SAS v Krecent Traders Ltd & Anor [2010] EWHC 2429 (Comm) (04 October 2010)

The defendant's prospects of successfully challenging the claimant's title to sue are remote, and the counterclaims are improbable on the facts and lack evidential support. However, the court declines to grant summary judgment or strike out the defence and counterclaims outright, instead making a conditional order requiring the defendant to pay €1.2 million into court.

Citation
[2010] EWHC 2429 (Comm)
Parties
Claimant: CNH Financial Services SAS; Defendant: Krecent Traders Limited; Third Party: CNH U.K. Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2010
Procedural Posture
Commercial Claim / Application for Summary Judgment or Strike Out of Defence and Counterclaim
Outcome
Conditional order; summary judgment and strike out refused on condition
Legal Topics
Summary Judgment, Strike Out, Counterclaim, Receivables Assignment, Collateral Agreement, Settlement Deed
Commercial Law Summary Judgment Strike Out Counterclaim Receivables Assignment Collateral Agreement Settlement Deed

Case Brief

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Parties

CNH Financial Services SAS

Claimant

Krecent Traders Limited

Defendant

CNH U.K. Limited

Third Party

Procedural Posture

Commercial Claim / Application for Summary Judgment or Strike Out of Defence and Counterclaim

Legal Issues

  1. 1 Whether claimant is entitled to summary judgment for the outstanding account balance
  2. 2 Whether the defence and counterclaims should be struck out
  3. 3 Whether claimant has title to sue under the Receivables Purchasing Agreement

Ratio Decidendi

The defendant's prospects of successfully challenging the claimant's title to sue are remote, and the counterclaims are improbable on the facts and lack evidential support. However, the court declines to grant summary judgment or strike out the defence and counterclaims outright, instead making a conditional order requiring the defendant to pay €1.2 million into court.

Court Disposition

Conditional order; summary judgment and strike out refused on condition

Orders

  • Defendant (KKT) to pay €1.2 million into court as a condition for defending the claim and pursuing counterclaims