England and Wales Case Law

Wey Bridging Finance Limited v Adam Wayne Marlow & Anor

The court found that the 2019 Facility was valid, supported by consideration, free from duress, unconscionable dealing, or unfair relationship, and enforceable against Mr Marlow. The Option agreement was breached by LFL granting leases with rights of way, constituting a substantial breach, and was validly terminated, entitling the Claimant as assignee to recover the sums paid.

Source excerpt

• Loan facility agreements
• Economic duress
• Unconscionable bargains
• Unfair relationship under consumer credit act
• Option agreements
• Assignment of claims

Read case analysis

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.

Source excerpt

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

Read case analysis

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

Read case analysis

Bank of Baroda & Ors v GVK & Ors

The Claimants established their entitlement to recover the principal, interest, and fees under the 2011 and 2014 Facility Agreements. The agreements were governed by English law, not Indian law. The RBI moratorium did not apply to these non-performing assets and was not accepted by the Defendants. No force majeure or implied terms suspended or barred enforcement. The acceleration and guarantee demands were valid (with minor timing caveats), and the quantum of sums due was proved to the requisite standard. Judgment is entered for the Claimants for the full amounts claimed.

Source excerpt

• Loan facility agreements
• Guarantees and indemnities
• Default and acceleration
• Implied terms
• Force majeure
• Moratorium (rbi circulars)

Read case analysis

Bank of Baroda & Ors v GVK & Ors

Bank of Baroda & Ors v GVK & Ors [2023] EWHC 2662 (Comm) (19 October 2023)

Commercial Court judgment for lenders on defaulted facility agreements, rejecting arguments based on Indian law, RBI moratoriums, force majeure, and implied terms.

• Loan facility agreements
• Guarantees and indemnities
• Choice of law
• Implied terms
• Force majeure
• Moratorium under rbi circulars

Read case analysis

Mint Bridging Limited v Earthrise Developments Limited & Ors.

The High Court held that Mint Bridging was entitled to judgment for the certified debt on its second facility, rejecting the defendants’ set-off defence and breach allegations.

• Loan facility agreements
• Personal guarantees
• Set-off exclusion clauses
• Unfair contract terms act 1977
• Conclusive evidence clauses
• Mortgage priority

Read case analysis

HSBC Bank Plc & Ors v Rondônia Transportes Cayman & Ors

HSBC Bank Plc & Ors v Rondônia Transportes Cayman & Ors [2019] EWHC 30 (Comm) (15 January 2019)

Commercial Court summary judgment for lenders under two facility agreements, with declarations on validity and security enforcement after Brazilian transport borrowers defaulted.

• Loan facility agreements
• Default and acceleration
• Guarantee and indemnity
• Security enforcement
• Jurisdiction and enforcement
• Summary-judgment

Read case analysis

Prima Equity Ltd v West Bromwich Commercial Ltd

The High Court held that WB's demand was invalid, that the arrangement-fee instalments did not trigger default on the wording used, and that default interest could not run on the whole loan.

• Loan facility agreements
• Default events
• Arrangement fees
• Summary judgment
• Interest calculations
• Loan-facility-agreements

Read case analysis

Prima Equity Ltd v West Bromwich Commercial Ltd

Prima Equity Ltd v West Bromwich Commercial Ltd [2013] EWHC 1450 (Ch) (26 March 2013)

The High Court held that West Bromwich Commercial Limited’s formal demand was invalid because it had already taken sums exceeding its contractual entitlement.

• Loan facility agreements
• Event of default
• Summary judgment
• Repayment obligations
• Default interest
• Loan-facility-agreements

Read case analysis

FBME Bank Ltd v Elwes & Anor

FBME Bank Ltd v Elwes & Anor [2012] EWHC 2209 (QB) (25 July 2012)

The High Court held Kevin Aspin liable under his guarantee for the first £10,000 instalment due after demand, rejecting arguments based on form, signature, and alleged lender breach.

• Guarantee enforcement
• Loan facility agreements
• Personal guarantees
• Contractual interpretation
• Guarantee-enforcement
• Facility-agreements

Read case analysis