Standard Bank Plc v Al Jaber

Standard Bank Plc v Al Jaber

The Defendant has no real prospect of successfully defending the claim. There is no credible evidence of a representation giving rise to estoppel, no basis for an implied term as pleaded, and no valid set-off or counterclaim. The guarantees are valid and enforceable, and there is no compelling reason for a trial.

Source-derived case information.

Parties
Claimant: Standard Bank PLC; Defendant: Sheikh Mohamed Bin Issa Al Jaber
Jurisdiction
England and Wales
Judgment Date
08 November 2011
Procedural Posture
Commercial Summary Judgment Application / Judgment on Summary Judgment Application
Outcome
Judgment for the Claimant; Defendant's application dismissed
Legal Topics
Guarantees, Summary Judgment, Estoppel, Implied Terms, Set Off, Counterclaim
Contract Law Banking Law Equity Guarantees Summary Judgment Estoppel Implied Terms Set Off +1 more

Source-derived case record

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Parties

Standard Bank PLC

Claimant

Sheikh Mohamed Bin Issa Al Jaber

Defendant

Procedural Posture

Commercial Summary Judgment Application / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendant has a real prospect of successfully defending the claim under the guarantees
  2. 2 Whether there is a compelling reason for trial under CPR Part 24.2(b)
  3. 3 Whether the Claimant is estopped from enforcing the guarantees

Ratio Decidendi

The Defendant has no real prospect of successfully defending the claim. There is no credible evidence of a representation giving rise to estoppel, no basis for an implied term as pleaded, and no valid set-off or counterclaim. The guarantees are valid and enforceable, and there is no compelling reason for a trial.

Court Disposition

Judgment for the Claimant; Defendant's application dismissed

Orders

  • Summary judgment granted in favour of the Claimant
  • Defendant's application under CPR Rule 34.3 dismissed