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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Nexedge Markets Limited v Trex Global Limited

Summary judgment is granted because the defendant has no real prospect of defending the claim for repayment of US$1.5 million advanced under loan agreements governed by English law, and foreign insolvency proceedings in Mauritius do not bar the English court from proceeding. Potential defences and counterclaims are not pleaded or substantiated.

Source excerpt

• Loan agreements
• Summary judgment
• Foreign insolvency proceedings
• Conflict of laws
• Costs assessment

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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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Nexedge Markets Ltd v Trex Global Ltd

Nexedge Markets Ltd v Trex Global Ltd [2025] EWHC 3425 (Comm) (19 December 2025)

Summary judgment was granted for repayment of US$1.5 million on two loans. The court rejected speculative Mauritian-law defences and declined any stay.

• Summary judgment
• Loan agreements
• Foreign insolvency proceedings
• Jurisdiction
• Enforcement of debts
• Costs assessment

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Al Othman Holding Company v Al Rajhi Holding WLL

Commercial Court decision on authority, ratification and limitation in a disputed $5 million loan arrangement. The claim was dismissed as time barred.

• Authority of agents
• Ratification
• Limitation periods
• Loan agreements
• Ostensible authority
• Agency-law

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Al Othman Holding Company v Al Rajhi Holding WLL

Al Othman Holding Company v Al Rajhi Holding WLL [2025] EWHC 3078 (Comm) (21 November 2025)

Commercial Court claim over an alleged US$5 million loan failed after the court found no binding loan agreement, no effective acknowledgment, and no extension.

• Authority of agents
• Ostensible authority
• Ratification
• Limitation period
• Loan agreements
• Corporate governance

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Houssein & Ors v London Credit Ltd & Anor

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.

• Loan agreements
• Tender and repayment
• Penalty clauses
• Implied terms
• Mortgage redemption
• Default interest

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Sotiris Christophi & Ors v RP Design and Construction Limited & Ors

The High Court held that the Tower funding arrangement was a loan, not a trust of shares, and dismissed claims for breach of trust and related equitable relief.

• Constructive trust
• Express trust
• Knowing receipt
• Dishonest assistance
• Loan agreements
• Shareholding disputes

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Vietjet Aviation Joint Stock Company v FW Aviation (Holdings) 1 Limited

The Court of Appeal dismissed VietJet’s appeal over aircraft lease terminations, permitted assignments, treaty qualification, and a jurisdictional challenge.

• Aircraft finance
• Security assignment
• Loan agreements
• Double tax treaty interpretation
• Relief against forfeiture
• Assignment of rights

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