Dismissal Secured Through Boomerang Summary Judgment in Bank Dispute

Ahmed Dharsi LLP successfully defended a client against a multi-faceted debt recovery claim brought by a major financial institution. While the corporate entity accepted liability, the plaintiff sought to hold our client personally liable for two separate obligations: a business operating line and a corporate credit card.

Through a highly technical argument and a precise interpretation of the bank’s own credit agreement, we secured a rare boomerang summary judgment, a dismissal of the claim against the individual in relation to the business credit card, despite its long-term usage and joint monthly statements. The court found that the bank had failed to meet its burden, citing the ambiguity in its own documents and the absence of a signed agreement imposing personal liability.

Our client also avoided significant costs exposure typically associated with partial success in such matters.

Significance

This case highlights how disciplined legal strategy and attention to contractual drafting can shield individuals from unintended personal liability—even when documents appear to assign joint responsibility. It affirms that banks, even in cases involving long-standing account use, must prove clear and enforceable personal guarantees.

How clarity and precision led to results.