Serene Construction Ltd v Barclays Bank Plc

Serene Construction Ltd v Barclays Bank Plc

There was no serious procedural irregularity; the judge's refusal to grant an unconditional adjournment was within reasonable discretion. The company's claims and defence to counterclaim had no real prospect of success, making summary judgment appropriate.

Parties
Appellant: Serene Construction Limited; Respondent: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
03 November 2016
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Breach of Contract, Misrepresentation, Sale at Undervalue, Adjournment, Case Management Discretion
Contract Law Property Law Civil Procedure Summary Judgment Breach of Contract Misrepresentation Sale at Undervalue Adjournment +1 more

Case Brief

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Parties

Serene Construction Limited

Appellant

Barclays Bank PLC

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether refusal to grant unconditional adjournment constituted procedural irregularity
  2. 2 Whether summary judgment was appropriate given the merits of the claim and counterclaim
  3. 3 Whether the bank breached contract or duty by failing to advance funds

Ratio Decidendi

There was no serious procedural irregularity; the judge's refusal to grant an unconditional adjournment was within reasonable discretion. The company's claims and defence to counterclaim had no real prospect of success, making summary judgment appropriate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment for the bank on claim and counterclaim