Irish Bank Resolution Corporation Ltd & Anor v Kempin

Irish Bank Resolution Corporation Ltd & Anor v Kempin

The defendant's pleaded defences and counterclaim do not disclose any legally sustainable defence to the claim under the guarantee. There is no realistic prospect of establishing at trial that the bank owed or breached a duty of care or good faith, or that any alleged misrepresentation or estoppel entitles the defendant to avoid liability. Summary judgment is granted and the defence and counterclaim are struck out.

Parties
Claimant: Irish Bank Resolution Corporation Limited (formerly Anglo Irish Bank Corporation Limited); Claimant: Anglo Irish Asset Finance PLC; Defendant: Nathan Paul Kempin
Jurisdiction
England and Wales
Judgment Date
12 July 2012
Procedural Posture
Civil / Summary Judgment and Strike Out Applications Following Consolidation of Proceedings
Outcome
Summary judgment granted for claimants; defence and counterclaim struck out; permission to amend claim granted; adjournment refused.
Legal Topics
Guarantee Enforcement, Summary Judgment, Implied Terms, Duty of Care, Good Faith, Misrepresentation, Estoppel
Contract Banking Commercial Guarantee Enforcement Summary Judgment Implied Terms Duty of Care Good Faith +2 more

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Parties

Irish Bank Resolution Corporation Limited (formerly Anglo Irish Bank Corporation Limited)

Claimant

Anglo Irish Asset Finance PLC

Claimant

Nathan Paul Kempin

Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Applications Following Consolidation of Proceedings

Legal Issues

  1. 1 Whether the defendant has a realistic prospect of defending the claim under the guarantee
  2. 2 Whether the bank owed a duty of care or good faith to the defendant
  3. 3 Whether alleged misrepresentation or breach of duty entitles the defendant to avoid liability or claim damages

Ratio Decidendi

The defendant's pleaded defences and counterclaim do not disclose any legally sustainable defence to the claim under the guarantee. There is no realistic prospect of establishing at trial that the bank owed or breached a duty of care or good faith, or that any alleged misrepresentation or estoppel entitles the defendant to avoid liability. Summary judgment is granted and the defence and counterclaim are struck out.

Court Disposition

Summary judgment granted for claimants; defence and counterclaim struck out; permission to amend claim granted; adjournment refused.

Orders

  • Summary judgment entered for claimants on the consolidated and amended claims.
  • Defence and counterclaim struck out.