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England and Wales Case Law

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Insolvency

Abcor Finance Securities Limited v Binomia Ltd

The High Court dismissed a winding up petition after finding a genuine and substantial dispute over whether the debt was due, and over notice under the loan documents.

  • Winding up
  • Parent company guarantee
  • Loan agreement
  • Notice requirements
  • Default
  • Cross-claim
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Commercial law [2022] EWHC 659 (Comm)

Integral Petroleum SA & Ors v Dun & Ors

Integral Petroleum SA & Ors v Dun & Ors [2022] EWHC 659 (Comm) (24 March 2022)

The Commercial Court refused summary judgment on a bank’s counterclaim, finding a real prospect of trial issues over an alleged oral extension of loan payment terms.

  • Summary judgment
  • Facility agreement
  • Debt restructuring
  • Guarantees
  • Set-off
  • Prevention principle
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Admiralty [2020] EWHC 103 (Admlty)

Qatar National Bank QPSC v Yacht Force India, Owner of the

Qatar National Bank QPSC v Yacht Force India, Owner of the [2020] EWHC 103 (Admlty) (27 January 2020)

The Admiralty Court held that a yacht mortgage secured €5 million of principal, plus interest and costs of collection, and entered judgment for the claimant.

  • Mortgage enforcement
  • Default
  • Interest calculation
  • Costs of collection
  • Admiralty
  • Mortgage-enforcement
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Banking and finance [2019] EWHC 231 (Comm)

HSBC Bank Plc v Pearl Corporation S.A. & Ors

HSBC Bank Plc v Pearl Corporation S.A. & Ors [2019] EWHC 231 (Comm) (08 February 2019)

The High Court enforced HSBC’s ship-finance guarantees against Dimitrios Kritsas, rejecting Greek-law defences based on fault, abuse of rights, and waiver.

  • Personal guarantees
  • Loan acceleration
  • Default
  • Enforcement of security
  • Greek civil code
  • Waiver of rights
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Contract law

[2019] EWHC 30 (Comm)

Summary judgment was granted for lenders on two Brazilian bus-finance loans after defaults, with declarations on validity and security enforcement.

  • Loan agreements
  • Default
  • Guarantee
  • Security enforcement
  • Summary judgment
  • Jurisdiction
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.