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set offsummary judgmentguarantee
CM Telecom UK Ltd v Buck
[2026] EWHC 161 (Comm)
Key Principle
A contractual 'no set-off' clause in a sophisticated commercial agreement governed by Dutch law will be enforced on a summary judgment application against a guarantor, the very high threshold for disapplying such a term under Dutch reasonableness-and-fairness standards (DCC art 6:248(2)) not being realistically arguable between professional commercial parties.
Area of Law
General
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