Gastronome (UK) Ltd v Anglo Dutch Meats (UK) Ltd
The guarantee must be construed in light of the relevant background, which shows the only intended beneficiary was the claimant, Gastronome (UK) Limited. The address in France was a misdescription, and extrinsic evidence is admissible to resolve this ambiguity. The guarantee applies to amounts due from IFS to the claimant.
- Parties
- Claimant/respondent: Gastronome (UK) Limited; Defendant/appellant: Anglo Dutch Meats (UK) Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 26 July 2006
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Guarantee Interpretation, Misnomer Doctrine, Extrinsic Evidence Admissibility, Commercial Contracts
Case Brief
Summary, issues, holding and outcome
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Parties
Gastronome (UK) Limited
Claimant/respondent
Anglo Dutch Meats (UK) Limited
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Who is the beneficiary of the guarantee issued by ADM?
- 2 Is extrinsic evidence admissible to construe the guarantee?
- 3 Does the guarantee apply to the claimant or another Gastronome entity?
Ratio Decidendi
The guarantee must be construed in light of the relevant background, which shows the only intended beneficiary was the claimant, Gastronome (UK) Limited. The address in France was a misdescription, and extrinsic evidence is admissible to resolve this ambiguity. The guarantee applies to amounts due from IFS to the claimant.
Court Disposition
Appeal dismissed
Orders
- Judgment for the claimant for £184,824.26 plus interest and costs
- Appeal dismissed
Full Case Text
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