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England and Wales decisions
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The High Court held that Mrs Harrow was not entitled to exoneration for most of the secured lending, treating her and Mr Russell as joint principal debtors, but allowed limited exoneration for one Merchant Money loan.
The UK Supreme Court held that a lender is put on inquiry in a non-commercial hybrid loan where more than a de minimis part of the borrowing pays one borrower’s debts.
The Commercial Court dismissed Gravity Fitness Limited’s forum non conveniens application and refused a case management stay in a dispute over a German-law parent guarantee.
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.
On appeal in a bankruptcy petition case, the High Court held that the second guarantee created a conditional payment obligation and so a liquidated debt.
CE Energy DMCC v Bashar [2025] EWHC 297 (Comm) (14 February 2025)
The High Court granted summary judgment for CE Energy DMCC, holding the guarantee was a suretyship, the admissions were binding, and the price claim succeeded.
The Respondent was not put on inquiry because, on the facts, only a minor part of the remortgage was for the sole benefit of Mr Bishop, the majority was for joint benefit, and the transaction was not, as a whole, to the manifest disadvantage of the Appellant. The solicitor's knowledge of the Divorce Payment was acquired in the capacity of acting for the borrowers, not the bank, so Section 199(1)(ii)(b) did not impute that knowledge to the Respondent. Thus, the Respondent was not fixed with constructive notice of undue influence.
Source excerpt
The obligations under the Commitment Letter were triggered by Completion, defined as the release of the Release Properties from the Security Documents, which occurred on 28 September 2021. There was no contractual requirement for Completion to occur by the Repayment Date or within a reasonable time, nor was the contract frustrated. The Defendants' other defences, including lack of authority, Solicitors Act 1974, public policy, surety discharge, provision of services, interest, and quantum, had no real prospect of success. The Defence was struck out and summary judgment entered for the Claiman…
Source excerpt
The Court of Appeal held that hybrid mortgage cases must be assessed as a whole and by fact and degree, rejecting a bright-line “non-trivial sole benefit” test.
One Savings Bank PLC v Waller-Edwards (Rev1) [2024] EWCA Civ 302 (28 March 2024)
The Court of Appeal held that hybrid non-commercial lending cases are assessed holistically, not by a bright-line triviality test, and dismissed the appeal.
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