ABN AMRO COMMERCIAL FINANCE PLC v MCGINN AND OTHERS

[2014] Lloyd's Rep Plus 64

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Flaux

Deed of indemnity - Factor entering into invoice discounting agreement with company and purchasing company's present and future debts - Factor also entering into deeds of indemnity with directors of company - Company going into administration - Factor claiming to recover outstanding debit balance from directors under deeds of indemnity - Whether liability of directors primary or secondary - Whether "proofs of delivery" constituted "Financial Records" - Whether defendants had arguable defence as to quantum - Effect of "conclusive evidence" clause - Whether "manifest error" - Whether claimant failed to mitigate loss - Whether claimant entitled to summary judgment.