England and Wales Case Law

African Export-Import Bank v The National Government of the Republic of South Sudan

The Defendants are liable for the sums claimed under the Facility Agreements and Guarantees. The Court has jurisdiction by virtue of exclusive jurisdiction clauses and valid service on the process agent. The Defendants are not entitled to sovereign immunity due to express submission to jurisdiction and the commercial nature of the transactions. The Defendants have no real prospect of defending the claims and there is no other compelling reason for a trial. Summary judgment is appropriate.

Source excerpt

• Summary judgment
• Sovereign immunity
• Jurisdiction
• Contract enforcement
• Loan agreements
• Guarantees

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Rodiston Ltd v Canik & Ors

Rodiston Ltd v Canik & Ors [2026] EWHC 545 (Comm) (11 March 2026)

Commercial Court judgment for Rodiston on unpaid loan agreements and guarantees, with judgment entered for US$32,285,613.01 after the defendants did not appear.

• Loan agreements
• Guarantees
• Jurisdiction clauses
• Default judgment
• Corporate liability
• Loan-agreements

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CM Telecom UK Ltd v Buck

CM Telecom UK Ltd v Buck [2026] EWHC 161 (Comm) (11 February 2026)

Summary judgment was granted for the claimant. The court held the defendant had no real prospect of showing a Dutch no set-off clause should be disapplied.

• No set-off clauses
• Summary judgment
• Strike out applications
• Foreign law (dutch law)
• Guarantees
• Summary-judgment

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M5 Associates Ltd v Wetton & Anor

M5 Associates Ltd v Wetton & Anor [2026] EWHC 185 (Comm) (06 February 2026)

The court determined costs after dismissing the balance of a guarantee claim, allocating different costs orders between the claimant and the second defendant and declining to revisit interest.

• Costs
• Enforcement of guarantees
• Disclosure
• Interest on judgment debts
• Civil-procedure
• Guarantees

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Rodiston Limited v Murat Canik & Ors

The defendants are jointly and severally liable to repay the principal and interest under the loan agreements, as they failed to raise any valid defence, the agreements were governed by English law with English jurisdiction clauses, and the guarantees by Miral and Vertia were enforceable. Any jurisdictional challenge was out of time and without merit.

Source excerpt

• Loan agreements
• Guarantees
• Jurisdiction clauses
• Default judgment
• Corporate liability

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Regera SÀRL v Phillip Ean Cohen & Ors

The Commercial Court set aside default judgments against two guarantors after finding service through a replacement process agent was invalid and the contractual service clause unfair.

• Guarantees
• Default judgment
• Service of process
• Unfair contract terms
• Consumer credit legislation
• Default-judgment

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Garet O Finlayson and another v Caterpillar Financial Services Corporation (The Bahamas)

The Privy Council dismissed a guarantee appeal, holding the mortgagee had not been shown to breach its duty on sale, and that stamping and delay complaints failed.

• Guarantees
• Mortgagee's duty of care
• Power of sale
• Burden of proof
• Stamp duty
• Delay in judgment delivery

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Nova Leipzig SARL v Gravity Fitness Ltd

Nova Leipzig SARL v Gravity Fitness Ltd [2025] EWHC 1262 (Comm) (22 May 2025)

The Commercial Court refused Gravity Fitness Ltd’s forum non conveniens stay application, holding that England was not displaced by German law or parallel Halle proceedings.

• Forum non conveniens
• Jurisdiction
• Choice of law
• Suretyship
• Mistake under german law
• Forum-non-conveniens

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Celestial Aviation Trading Ireland Limited & Ors v Volga-Dnepr Logistics B.V.

The High Court refused to vary an interim payment order on sanctions grounds, finding no material change or overlooked issue and no basis to defer payment until licences issued.

• Interim payments
• Sanctions compliance
• Variation of court orders
• Aircraft leasing
• Guarantees
• Interim-payments

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State Bank of India & Ors v Mallya

State Bank of India & Ors v Mallya [2025] EWHC 858 (Ch) (09 April 2025)

High Court appeal in Vijay Mallya’s bankruptcy proceedings: the court held the Indian judgments did not establish security for English insolvency purposes, and the bankruptcy order remained.

• Issue estoppel from foreign judgments
• Secured creditor status
• Bankruptcy petition requirements
• Recognition of foreign judgments
• Personal guarantees
• Priority of claims

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