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England and Wales decisions
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Houssein & Ors v London Credit Ltd & Anor [2025] EWHC 2749 (Ch) (23 October 2025)
The High Court held that the borrower had to make actual repayment in immediately available funds by the Repayment Date; conditional offers did not stop interest.
The court held the borrowers’ repayment communications were not valid tenders, rejected any implied duty to accept them, and upheld the 4% default rate.
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.
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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.
Ciddy Ltd v Natalia [2025] EWHC 1616 (Ch) (04 July 2025)
Bankruptcy petition dismissed where the debtor raised substantial disputes about unfair relationship under the Consumer Credit Act and a potentially penal default interest clause.
The debtor has established a dispute on substantial grounds regarding both the unfair relationship under sections 140A-140C CCA 1974 and the unenforceability of the default interest provision as a penalty clause; until County Court proceedings determine the actual sum due, the bankruptcy petition cannot proceed.
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AWAS Netherlands A320-1 BV v Pacific Airlines Aviation Joint Stock Company [2024] EWHC 3194 (Comm) (15 November 2024)
The High Court granted summary judgment for unpaid instalments and default interest under an aircraft lease settlement, rejecting any need for further conditions precedent.
The defendant has no real prospect of defending the claim as the sums due under the Settlement Agreement are fixed, the defendant has failed to pay any instalments or properly dispute the reconciliation, and there are no conditions precedent to payment. Summary judgment is appropriate.
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The trial judge erred in dismissing the penalty and unfair relationship defences for lack of evidence from the borrower; the correct approach is that penalty is a matter of construction and the burden to prove fairness under s.140B(9) CCA lies on the creditor once the issue is raised. The matters must be remitted for retrial.
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The claimant is entitled to redeem the loan notes by payment into court due to sanctions preventing payment to the first defendant; default interest is not payable as the inability to pay is not a contractual default but a legal prohibition; the court has jurisdiction to order release of security even over foreign assets.
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