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England and Wales Case Law

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Company law

Richard Stanley Morgan v Nigel James Morgan & Ors

The court found that Richard Morgan was unfairly excluded from a family farming company, ordered loan repayment and a buy-out, and dismissed Jane Morgan’s counterclaim.

  • Unfair prejudice
  • Quasi-partnership
  • Directors' loans
  • Shareholder remedies
  • Employment status
  • Compensation sharing agreements
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Contract law

M5 Associates Limited v Simon Nevill Wetton & Anor

The claimant failed to prove that liability under the personal guarantee beyond £250,000 arose due to fraud, negligence, or misconduct by Mr Watkins. The evidence did not establish that Mr Watkins deliberately made a false promise or intended not to honour it at the time. The cap on the guarantees remains at £250,000 for both defendants.

  • Personal guarantees
  • Default interest
  • Fraud
  • Negligence
  • Misconduct
  • Loan facility agreements
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Commercial law [2025] EWHC 2682 (KB)

M5 Associates Ltd v Wetton & Anor

M5 Associates Ltd v Wetton & Anor [2025] EWHC 2682 (KB) (17 October 2025)

The High Court reviewed evidence in a claim on personal guarantees and held the claimant had not proved fraud, negligence or misconduct to lift the £250,000 cap.

  • Personal guarantees
  • Default interest
  • Fraud
  • Negligence
  • Misconduct
  • Loan facility agreements
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Insolvency

Dean McGuiness & Anor v Goldentree Financial Services Plc & Anor

The 2019 loan was an investment property loan, not a regulated mortgage contract, as less than 40% of the land was intended for use as a dwelling and the loan was for business purposes. The 2021 facility was to a company, not an individual, and thus outside the regulated mortgage regime. Mr McGuinness's claims had no realistic prospect of success. The Composite Proceedings and Insolvency Application were procedurally defective and disclosed no reasonable grounds. Goldentree is entitled to summary judgment and strike out of the relevant claims.

  • Summary judgment
  • Strike out
  • Regulated mortgage contracts
  • Personal guarantees
  • Administration of companies
  • Possession proceedings
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Insolvency [2025] EWHC 870 (Ch)

McGuinness & Anor v Goldentree Financial Services PLC & Anor

McGuinness & Anor v Goldentree Financial Services PLC & Anor [2025] EWHC 870 (Ch) (10 April 2025)

The High Court granted Goldentree summary judgment on claims about loan enforceability, struck out the composite and insolvency proceedings, and dismissed related applications.

  • Regulated mortgage contracts
  • Summary judgment
  • Strike out applications
  • Personal guarantees
  • Administration of companies
  • Possession proceedings
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Insolvency [2025] EWHC 858 (Ch)

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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Insolvency

Invest Bank P.S.C v Ahmad Mohammed El-Husseini & Ors

Commercial Court judgment on a section 423 Insolvency Act claim alleging asset transfers by Ahmad El-Husseini were made to put assets beyond creditors.

  • Transactions at undervalue
  • Fraudulent conveyance
  • Asset protection
  • Personal guarantees
  • Freezing orders
  • Pleading standards
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Insolvency [2024] EWHC 2976 (Comm)

Invest Bank PSC v El-Husseini & Ors

Invest Bank PSC v El-Husseini & Ors [2024] EWHC 2976 (Comm) (21 November 2024)

The Commercial Court dismissed Invest Bank’s section 423 claim, holding it had not proved Ahmad El-Husseini transferred assets with the purpose of defeating creditors.

  • Transactions at undervalue
  • Fraudulent transfers
  • Freezing orders
  • Personal guarantees
  • Creditor protection
  • Insolvency-act-1986
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Civil procedure [2024] EWCA Civ 1413

Yeung v Jeckz Investment Ltd & Ors

Yeung v Jeckz Investment Ltd & Ors [2024] EWCA Civ 1413 (14 November 2024)

The Court of Appeal upheld summary judgment on personal guarantees, rejecting an unparticularised undue influence defence raised in separate proceedings.

  • Summary judgment
  • Personal guarantees
  • Undue influence
  • Admissions and amendments
  • Pleading practice
  • Summary-judgment
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Civil procedure

Sze Ming Yeung v Jeckz Investment Ltd & Ors

The Court of Appeal upheld summary judgment on personal guarantees, holding the appellant’s undue influence defence was unsupported, late, and had no real prospect of success.

  • Summary judgment
  • Personal guarantees
  • Undue influence
  • Pleadings and amendments
  • Summary-judgment
  • Personal-guarantees
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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.