InstaGroup Ltd v Northwest Insulations Ltd & Anor [2026] EWHC 819 (Ch) (14 April 2026)

InstaGroup Ltd v Northwest Insulations Ltd & Anor [2026] EWHC 819 (Ch) (14 April 2026)

On proper construction, the guarantee is limited to the Company's obligations for goods supplied on credit under the 2008 Agreement and does not extend to liabilities arising under subsequent agreements for services. Even if it did, the guarantee was discharged upon entry into the 2013 Agreement, which replaced the earlier arrangements.

Citation
[2026] EWHC 819 (Ch)
Parties
Claimant: InstaGroup Limited; First Defendant: Northwest Insulations Limited (in liquidation); Second Defendant: Mr David Stansfield
Jurisdiction
England and Wales
Judgment Date
14 April 2026
Procedural Posture
Reverse Summary Judgment Application / Judgment on Application by Second Defendant for Reverse Summary Judgment
Outcome
Application granted; summary judgment for the second defendant.
Legal Topics
Construction of Guarantees, Scope of Personal Guarantee, Discharge of Guarantor, Material Variation, Summary Judgment Principles
Contract Law Guarantee Law Commercial Law Construction of Guarantees Scope of Personal Guarantee Discharge of Guarantor Material Variation Summary Judgment Principles

Case Brief

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Parties

InstaGroup Limited

Claimant

Northwest Insulations Limited (in liquidation)

First Defendant

Mr David Stansfield

Second Defendant

Procedural Posture

Reverse Summary Judgment Application / Judgment on Application by Second Defendant for Reverse Summary Judgment

Legal Issues

  1. 1 Whether the personal guarantee signed by the second defendant covers liabilities beyond sums due for goods supplied on credit
  2. 2 Whether the guarantee was discharged by the entry into a new agreement in 2013

Ratio Decidendi

On proper construction, the guarantee is limited to the Company's obligations for goods supplied on credit under the 2008 Agreement and does not extend to liabilities arising under subsequent agreements for services. Even if it did, the guarantee was discharged upon entry into the 2013 Agreement, which replaced the earlier arrangements.

Court Disposition

Application granted; summary judgment for the second defendant.

Orders

  • Claim against the second defendant dismissed as to liability under the guarantee.