What changed?
A July Commercial Court ruling reinforces that a borrower seeking leave to defend must identify a genuine triable issue, and that frustration does not ordinarily erase an obligation to repay money already received.
Practical points
- Review repayment, default and force-majeure language before signing.
- Keep evidence supporting any event said to prevent contractual performance.
- Respond promptly to summary proceedings and identify a bona fide defence.
Why it matters
Legal outcomes depend on the facts, documents and procedure in each matter. Early review can help identify risk, preserve evidence and clarify the available commercial or legal response.
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