The creditor sought the determination of three issues as against the guarantor, which issues were said to be issues of law. Objection was taken. It was said that the reframed application was an application for the determination of preliminary issues in circumstances where the court had not determined that the issues were suitable for determination as preliminary issues. Accordingly counsel for the Claimant, the creditor, applied for permission to have the three issues determined summarily upon the grounds that the Defendant, the guarantor, had no real prospect of succeeding on them, that the issues were issues of law and that no issue of fact was relevant to their determination.
Judges:
Sir Nigel Teare
Citations:
[2021] EWHC 2200 (Comm)
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 09 May 2022; Ref: scu.667424