Levin v Tannenbaum [2013] EWHC 4457 (Ch) (15 November 2013)

Levin v Tannenbaum [2013] EWHC 4457 (Ch) (15 November 2013)

Time under the guarantees did not start to run until 14 days after written demand was made, as required by the express terms of the guarantees; therefore, the claims are not statute-barred.

Citation
[2013] EWHC 4457 (Ch)
Parties
Applicant/claimant: Meir Levin; Respondent/defendant: Michael Tannenbaum
Jurisdiction
England and Wales
Judgment Date
15 November 2013
Procedural Posture
Summary Judgment Application Under CPR Part 24 / First Instance Judgment
Outcome
Application for summary judgment dismissed
Legal Topics
Guarantees, Limitation Periods, Summary Judgment, Deeds, Demand Clauses
Contract Law Civil Procedure Guarantees Limitation Periods Summary Judgment Deeds Demand Clauses

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Parties

Meir Levin

Applicant/claimant

Michael Tannenbaum

Respondent/defendant

Procedural Posture

Summary Judgment Application Under CPR Part 24 / First Instance Judgment

Legal Issues

  1. 1 Whether the guarantees are enforceable as deeds or simple contracts
  2. 2 Whether the claim is statute-barred under the Limitation Act 1980
  3. 3 Whether a demand is necessary to trigger liability under the guarantees

Ratio Decidendi

Time under the guarantees did not start to run until 14 days after written demand was made, as required by the express terms of the guarantees; therefore, the claims are not statute-barred.

Court Disposition

Application for summary judgment dismissed

Orders

  • Claimant's claim may proceed to trial
  • No summary judgment granted to defendant