CM Telecom UK Ltd v Richard David Buck

CM Telecom UK Ltd v Richard David Buck

On the evidence available, the Defendant has no real prospect of establishing that clause 5.1 should be disapplied under Dutch law. The contract was between commercial parties, the clause is clear and typical, and there is insufficient evidence of unacceptability or unfairness to meet the high threshold required by Dutch law. Summary judgment is granted to the Claimant.

Parties
Claimant: CM Telecom UK Ltd; Defendant: Richard David Buck
Jurisdiction
England and Wales
Judgment Date
02 December 2026
Procedural Posture
Commercial Claim (summary Judgment Application) / Summary Judgment Determination
Outcome
Summary judgment granted for the Claimant.
Legal Topics
Summary Judgment, Strike Out, No Set Off Clause, Foreign Law (dutch Law), Guarantee Enforcement
Contract Law Private International Law Summary Judgment Strike Out No Set Off Clause Foreign Law (dutch Law) Guarantee Enforcement

Case Brief

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Parties

CM Telecom UK Ltd

Claimant

Richard David Buck

Defendant

Procedural Posture

Commercial Claim (summary Judgment Application) / Summary Judgment Determination

Legal Issues

  1. 1 Whether clause 5.1 of the APA (no set-off clause) is unenforceable under Dutch law due to standards of reasonableness and fairness
  2. 2 Whether the Defendant has a real prospect of defending the claim based on set-off

Ratio Decidendi

On the evidence available, the Defendant has no real prospect of establishing that clause 5.1 should be disapplied under Dutch law. The contract was between commercial parties, the clause is clear and typical, and there is insufficient evidence of unacceptability or unfairness to meet the high threshold required by Dutch law. Summary judgment is granted to the Claimant.

Court Disposition

Summary judgment granted for the Claimant.

Orders

  • Defendant to pay the outstanding debt under the guarantee.