Ahmad & Ors v Bank of Scotland & Ors

Ahmad & Ors v Bank of Scotland & Ors

The only binding agreement was the 27 May 2008 letter, which provided a final extension to the end of June 2008. After that date, the Bank was entitled to appoint Receivers. There was no waiver or variation of the Bank's rights, and no estoppel preventing enforcement. The claims of loss had already been determined in previous proceedings, giving rise to estoppel. The Receivers were validly appointed and not liable for any economic torts or breach of duty. The claimants suffered no loss. The claims are hopeless and must be struck out.

Parties
Claimants: Ahmad and Others; Defendants: Bank of Scotland and Others; Defendant: PricewaterhouseCoopers LLP (Second Defendant); Defendant: GVA Grimleys Plc (Sixth and Seventh Defendants)
Jurisdiction
England and Wales
Judgment Date
28 November 2014
Procedural Posture
Civil / Summary Judgment and Strike Out Application
Outcome
Claim struck out and action dismissed against all defendants
Legal Topics
Appointment of Receivers, Breach of Contract, Estoppel, Summary Judgment, Strike Out, Economic Torts
Banking Law Contract Law Tort Law Appointment of Receivers Breach of Contract Estoppel Summary Judgment Strike Out +1 more

Case Brief

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Parties

Ahmad and Others

Claimants

Bank of Scotland and Others

Defendants

PricewaterhouseCoopers LLP (Second Defendant)

Defendant

GVA Grimleys Plc (Sixth and Seventh Defendants)

Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether the Bank breached a May 2008 agreement by appointing Receivers
  2. 2 Whether the Bank was estopped from appointing Receivers
  3. 3 Whether the Receivers were liable for procuring breach of contract or economic torts

Ratio Decidendi

The only binding agreement was the 27 May 2008 letter, which provided a final extension to the end of June 2008. After that date, the Bank was entitled to appoint Receivers. There was no waiver or variation of the Bank's rights, and no estoppel preventing enforcement. The claims of loss had already been determined in previous proceedings, giving rise to estoppel. The Receivers were validly appointed and not liable for any economic torts or breach of duty. The claimants suffered no loss. The claims are hopeless and must be struck out.

Court Disposition

Claim struck out and action dismissed against all defendants

Orders

  • The claim is struck out in its entirety.
  • The action is dismissed against all defendants.