Into Nominee One Limited & Anor v Study Group UK Limited & Anor [2026] EWHC 1201 (TCC)

The landlords applied for summary judgment against both defendants in the sum of 9,031,398.47 pounds plus interest. The claim raised points of law on the construction of the parties' arrangements, and the defendants resisted summary determination.

Roger ter Haar KC held that this was a case where the summary judgment application turned on points of law which the court could and should determine on the application, and he decided them. He noted that the particulars of claim as drawn claimed a smaller sum than the amount now sought, so the landlords' application to amend to increase the claim would be dealt with as part of the consequential matters.

The case illustrates the proper use of summary judgment for self-contained points of construction: where the outcome depends on the meaning of documents rather than on disputed facts, the court can and should decide the law on the application rather than send it to trial.

The judge held at paragraph 140 that "this is a case where the application for summary judgment turns upon points of law which I can and should determine".