Kotonou v National Westminster Bank Plc

Kotonou v National Westminster Bank Plc

The claim was struck out and summary judgment granted because the allegations of fact made by Mr Kotonou were inconsistent with findings made after a full trial in earlier proceedings, amounting to an abuse of process. No arguable case for a duty of care or fiduciary duty by Nat West to ORS or Mr Kotonou was established under general legal principles or the facts found.

Parties
Claimant: Angeli Luki Kotonou; Defendant: National Westminster Bank PLC
Jurisdiction
England and Wales
Judgment Date
05 July 2010
Procedural Posture
Civil / Appeal Against Striking Out Order and Summary Judgment Application
Outcome
Appeal dismissed; claim struck out; summary judgment for defendant.
Legal Topics
Abuse of Process, Collateral Attack, Duty of Care, Fiduciary Duty, Summary Judgment, Assignment of Causes of Action
Civil Procedure Banking Law Abuse of Process Collateral Attack Duty of Care Fiduciary Duty Summary Judgment Assignment of Causes of Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Angeli Luki Kotonou

Claimant

National Westminster Bank PLC

Defendant

Procedural Posture

Civil / Appeal Against Striking Out Order and Summary Judgment Application

Legal Issues

  1. 1 Whether the present proceedings amount to an abuse of process by relitigating factual matters decided in earlier proceedings
  2. 2 Whether Nat West owed a duty of care or fiduciary duty to ORS or Mr Kotonou in relation to the standby letter of credit
  3. 3 Whether the claim should be struck out or summary judgment granted

Ratio Decidendi

The claim was struck out and summary judgment granted because the allegations of fact made by Mr Kotonou were inconsistent with findings made after a full trial in earlier proceedings, amounting to an abuse of process. No arguable case for a duty of care or fiduciary duty by Nat West to ORS or Mr Kotonou was established under general legal principles or the facts found.

Court Disposition

Appeal dismissed; claim struck out; summary judgment for defendant.

Orders

  • Appeal against striking out order dismissed.
  • Permission to amend Particulars of Claim refused.