Nationwide Building Society v Dudsbury Developments & Ors [2013] EWHC B9 (Ch) (08 February 2013)

Nationwide Building Society v Dudsbury Developments & Ors [2013] EWHC B9 (Ch) (08 February 2013)

None of the defendants' arguments individually or cumulatively raise any real prospect of success in resisting the claimant's claims or mounting a cross claim or set-off; summary judgment granted on all grounds.

Citation
[2013] EWHC B9 (Ch)
Parties
Claimant: Nationwide Building Society; First Defendant: Dudsbury Developments Limited; Second Defendant: Raymond John Watton; Third Defendant: Lesley Jayne Watton
Jurisdiction
England and Wales
Judgment Date
08 February 2013
Procedural Posture
Summary Judgment Application / Judgment on Summary Judgment and Application to Amend Defence
Outcome
summary judgment granted for claimant against first and second defendants; application to amend defence refused
Legal Topics
Summary Judgment, Guarantee Liability, Economic Duress, Sale at Undervalue, Receiver's Duties, Set Off, Variation of Contract
Commercial Law Property Law Civil Procedure Summary Judgment Guarantee Liability Economic Duress Sale at Undervalue Receiver's Duties +2 more

Case Brief

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Parties

Nationwide Building Society

Claimant

Dudsbury Developments Limited

First Defendant

Raymond John Watton

Second Defendant

Lesley Jayne Watton

Third Defendant

Procedural Posture

Summary Judgment Application / Judgment on Summary Judgment and Application to Amend Defence

Legal Issues

  1. 1 Whether defendants have real prospect of defending claim for sums advanced under four property loans
  2. 2 Whether sales by receivers were at undervalue and claimant liable
  3. 3 Whether economic duress vitiates security over Axminster land

Ratio Decidendi

None of the defendants' arguments individually or cumulatively raise any real prospect of success in resisting the claimant's claims or mounting a cross claim or set-off; summary judgment granted on all grounds.

Court Disposition

summary judgment granted for claimant against first and second defendants; application to amend defence refused

Orders

  • Judgment for claimant for sums claimed in relation to Starwood, Sandycotes, Oakdale, and Church Road loans
  • No order for costs