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Commercial Court analyses familiar Greek-law defences to guarantee claims

9th Jul 2018

[2018] EWHC 1733 (Comm)

The Commercial Court handed down judgment on 6 July 2018 in HSBC Bank Plc v Antaeus & ors., upholding HSBC’s c.US$2.5 million claim against defaulting ship-finance borrowers and their corporate and personal guarantors. The judgment of Deputy Judge Andrew Henshaw QC includes a 6-page consideration of Articles 862, 281 and 288 of the Greek Civil Code, concerning negligence, abuse of rights, and good faith. These provisions are frequently encountered in litigation between ship-finance lenders and Greek guarantors, and the Deputy Judge’s analysis will be useful to those involved in such cases. 

HSBC Bank Plc was represented by Adam Turner, instructed by Watson Farley & Williams.

To view the judgment please click here.

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