Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

COCA COLA FINANCIAL CORPORATION v. FINSAT INTERNATIONAL LTD. AND OTHERS

[1996] 2 Lloyd's Rep. 274

COURT OF APPEAL

Before Lord Justice Neill, Lord Justice Morritt and Lord Justice Hutchison

Practice - Summary judgment - Guarantee - Counterclaim - Right of set-off - Loan agreement made subject to guarantee - Claims made under guarantee - Whether right of set-off could be excluded by agreement - Whether action should be stayed - Whether defendants entitled to unconditional leave to defend.

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