Mishcon De Reya LLP v RJI (Middle East) Ltd [2020] EWHC 1670 (QB) (26 June 2020)

Mishcon De Reya LLP v RJI (Middle East) Ltd [2020] EWHC 1670 (QB) (26 June 2020)

Clauses 8.7 and 8.8 of the guarantee do not impose a condition precedent of mutual execution for enforceability; the guarantee is enforceable against the Respondent even if not executed by the Appellant. The Respondent's unpleaded defence has no real prospect of success, and summary judgment is granted to the Appellant.

Citation
[2020] EWHC 1670 (QB)
Parties
Appellant/claimant: Mishcon de Reya LLP; Respondent/defendant: RJI (Middle East) Limited
Jurisdiction
England and Wales
Judgment Date
26 June 2020
Procedural Posture
Civil Appeal (summary Judgment) / Appeal From Refusal of Summary Judgment
Outcome
Appeal allowed; summary judgment granted for the Appellant.
Legal Topics
Guarantees, Summary Judgment, Pleadings, Enforceability of Deeds
Contract Law Civil Procedure Guarantees Summary Judgment Pleadings Enforceability of Deeds

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Parties

Mishcon de Reya LLP

Appellant/claimant

RJI (Middle East) Limited

Respondent/defendant

Procedural Posture

Civil Appeal (summary Judgment) / Appeal From Refusal of Summary Judgment

Legal Issues

  1. 1 Whether summary judgment can be refused on an unpleaded issue regarding enforceability of a guarantee
  2. 2 Whether clauses 8.7 and 8.8 of the guarantee make enforceability contingent on mutual execution and delivery

Ratio Decidendi

Clauses 8.7 and 8.8 of the guarantee do not impose a condition precedent of mutual execution for enforceability; the guarantee is enforceable against the Respondent even if not executed by the Appellant. The Respondent's unpleaded defence has no real prospect of success, and summary judgment is granted to the Appellant.

Court Disposition

Appeal allowed; summary judgment granted for the Appellant.

Orders

  • Summary judgment entered for the Appellant in the principal sum of £168,279.52.