Nationwide Building Society v Christie & Anor

Nationwide Building Society v Christie & Anor

The second defendant's guarantee covers all present and future liabilities, was not discharged by variations to the loan terms, and no valid counterclaim or defence exists; summary judgment is granted for Nationwide.

Parties
Claimant: Nationwide Building Society; Defendant: Martin William Christie; Defendant: Robert Lester Snell
Jurisdiction
England and Wales
Judgment Date
01 February 2013
Procedural Posture
Commercial / Summary Judgment
Outcome
summary judgment for claimant
Legal Topics
Guarantee, Indemnity, Mortgage Enforcement, Receiver Appointment, Variation of Contract, Misrepresentation, Unfair Contract Terms
Contract Banking Property Guarantee Indemnity Mortgage Enforcement Receiver Appointment Variation of Contract +2 more

Case Brief

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Parties

Nationwide Building Society

Claimant

Martin William Christie

Defendant

Robert Lester Snell

Defendant

Procedural Posture

Commercial / Summary Judgment

Legal Issues

  1. 1 Whether the second defendant is liable under the deed of guarantee and indemnity for the principal debtor's default
  2. 2 Whether variations to the principal debtor's obligations discharged the guarantee
  3. 3 Whether the guarantee terms are unenforceable as unreasonable

Ratio Decidendi

The second defendant's guarantee covers all present and future liabilities, was not discharged by variations to the loan terms, and no valid counterclaim or defence exists; summary judgment is granted for Nationwide.

Court Disposition

summary judgment for claimant

Orders

  • Summary judgment for Nationwide on claim and counterclaim