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England and Wales Case Law

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Civil procedure [2022] EWHC 1716 (Comm)

Wenda Company Ltd v Wang Jihong & Ors

Wenda Company Ltd v Wang Jihong & Ors [2022] EWHC 1716 (Comm) (10 June 2022)

The High Court granted third party disclosure under CPR 31.17 against HSBC Invoice Finance and summarily assessed the respondent’s costs at £7,097.26.

  • Third party disclosure
  • Invoice discounting
  • Fraud
  • Costs assessment
  • Third-party-disclosure
  • Civil-procedure
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Contract law

BHL v Leumi ABL Ltd

The High Court held that Leumi failed to properly exercise its discretion when setting a 15% collection fee, reducing the lawful maximum to 4% and allowing BHL restitutionary recovery of the excess.

  • Mistake of law
  • Penalty clauses
  • Exercise of contractual discretion
  • Invoice discounting
  • Indemnity agreements
  • Contractual-discretion
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Commercial law [2011] EWHC 2495 (QB)

Bibby Financial Services Ltd & Anor v Magson & Ors

Bibby Financial Services Ltd & Anor v Magson & Ors [2011] EWHC 2495 (QB) (14 October 2011)

The High Court held that guarantees and warranties were not delivered as deeds and were unenforceable, so Bibby’s claims against Magson and Scott were dismissed.

  • Personal guarantees
  • Warranties
  • Invoice discounting
  • Fraudulent misrepresentation
  • Rectification
  • Delivery of deeds
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Commercial law [2011] EWHC 174 (QB)

Royal Bank of Scotland Invoice Discounting Ltd & Anor v Manuel

Royal Bank of Scotland Invoice Discounting Ltd & Anor v Manuel [2011] EWHC 174 (QB) (04 February 2011)

The High Court set aside a default judgment against a guarantor in an invoice-discounting dispute, finding a realistic prospect of defence on set-off, repayment, and reasonableness.

  • Invoice discounting
  • Guarantee enforcement
  • Breach of warranty
  • Set-off
  • Damages
  • Mitigation of loss
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Commercial law [2011] EWHC 174

Royal Bank of Scotland Invoice Discounting Ltd & Anor v Manuel

Royal Bank of Scotland Invoice Discounting Ltd & Anor v Manuel [2011] EWHC 174 (QB) (04 February 2011)

The High Court set aside a default judgment in an invoice discounting dispute, finding Mr Manuel had a realistic prospect of defending claims tied to Bombardier debts and set-off issues.

  • Invoice discounting
  • Guarantee enforcement
  • Breach of warranty
  • Set-off
  • Damages
  • Mitigation of loss
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Commercial law [2005] EWHC 2056 (QB)

GE Commercial Finance Ltd v Gee & Ors

GE Commercial Finance Ltd v Gee & Ors [2005] EWHC 2056 (QB) (28 September 2005)

The High Court held that GE Commercial Finance was deceived by false debt notifications and awarded damages against David Gee and Kevin Smedley for deceit and conspiracy.

  • Fraudulent misrepresentation
  • Deceit
  • Conspiracy
  • Invoice discounting
  • Corporate finance
  • Fraudulent-misrepresentation
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Tort

GE Commercial Finance Ltd v Gee & Ors

High Court deceit and conspiracy claim over an invoice discounting facility. GE alleged false debt notifications and aged debt reports induced funding.

  • Deceit
  • Fraudulent misrepresentation
  • Conspiracy
  • Damages
  • Invoice discounting
  • Corporate governance
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Tort [2005] EWHC 2056

GE Commercial Finance Ltd v Gee & Ors

GE Commercial Finance Ltd v Gee & Ors [2005] EWHC 2056 (QB) (28 September 2005)

The High Court found false debt notifications and related concealment induced GE Commercial Finance to advance funds, establishing deceit and conspiracy.

  • Deceit
  • Fraudulent misrepresentation
  • Conspiracy
  • Invoice discounting
  • Corporate governance
  • Fraudulent-misrepresentation
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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.