Bank of Leumi (UK) Plc v Akrill [2014] EWHC 4341 (Ch) (26 November 2014)

Bank of Leumi (UK) Plc v Akrill [2014] EWHC 4341 (Ch) (26 November 2014)

Given the defendant's substantial declared assets and failure to provide adequate evidence of inability to pay, a condition requiring payment of £1 million into court within three months is appropriate to test bona fides and provide security, reduced from the full claim due to the claimant's partial security over the development site.

Citation
[2014] EWHC 4341 (Ch)
Parties
Claimant: Bank of Leumi (UK) PLC; Defendant: Philip Robert Akrill
Jurisdiction
England and Wales
Judgment Date
26 November 2014
Procedural Posture
Commercial Debt Claim (guarantee Enforcement) / Determination of Conditions for Leave to Defend After Remittal From Court of Appeal
Outcome
Conditional leave to defend granted subject to conditions.
Legal Topics
Summary Judgment, Conditional Leave to Defend, Guarantees, Security for Debt, Disclosure of Assets
Commercial Law Civil Procedure Summary Judgment Conditional Leave to Defend Guarantees Security for Debt Disclosure of Assets

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Bank of Leumi (UK) PLC

Claimant

Philip Robert Akrill

Defendant

Procedural Posture

Commercial Debt Claim (guarantee Enforcement) / Determination of Conditions for Leave to Defend After Remittal From Court of Appeal

Legal Issues

  1. 1 What conditions should be imposed on the defendant's leave to defend the claim under CPR Part 24?
  2. 2 Whether the defendant has provided sufficient evidence of means to resist a condition requiring payment into court.
  3. 3 Whether the claimant is adequately secured by a charge over the development site.

Ratio Decidendi

Given the defendant's substantial declared assets and failure to provide adequate evidence of inability to pay, a condition requiring payment of £1 million into court within three months is appropriate to test bona fides and provide security, reduced from the full claim due to the claimant's partial security over the development site.

Court Disposition

Conditional leave to defend granted subject to conditions.

Orders

  • Defendant to pay £1 million into court within three months as a condition of defending the claim.
  • Defendant to file a witness statement verifying matters relating to the valuation of the development site.