Butterfield Bank v Phillip [2013] EWHC 1305 (Comm) (15 March 2013)

Butterfield Bank v Phillip [2013] EWHC 1305 (Comm) (15 March 2013)

There was no real prospect of the defendant succeeding in showing a manifest error in the bank's certificate or that the property was sold at an undervalue; the evidence did not support the allegations, and the no set-off clause precluded the defence.

Citation
[2013] EWHC 1305 (Comm)
Parties
Claimant: Butterfield Bank; Defendant: Phillip
Jurisdiction
England and Wales
Judgment Date
15 March 2013
Procedural Posture
Commercial Claim (summary Judgment) / Judgment After Contested Summary Judgment Application
Outcome
Judgment for the claimant for the entire sum claimed.
Legal Topics
Summary Judgment, Manifest Error, Sale at Undervalue, Receivership, Bank Certificates, Default Interest, No Set Off Clause
Banking Law Commercial Law Summary Judgment Manifest Error Sale at Undervalue Receivership Bank Certificates Default Interest +1 more

Case Brief

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Parties

Butterfield Bank

Claimant

Phillip

Defendant

Procedural Posture

Commercial Claim (summary Judgment) / Judgment After Contested Summary Judgment Application

Legal Issues

  1. 1 Whether the bank's certificate contained a manifest error
  2. 2 Whether the bank's security was sold by receivers at an undervalue

Ratio Decidendi

There was no real prospect of the defendant succeeding in showing a manifest error in the bank's certificate or that the property was sold at an undervalue; the evidence did not support the allegations, and the no set-off clause precluded the defence.

Court Disposition

Judgment for the claimant for the entire sum claimed.

Orders

  • Judgment entered for Butterfield Bank for the full amount claimed against Mr Phillip.