Global 5000 Ltd v Wadhawan

Global 5000 Ltd v Wadhawan

There is no serious issue to be tried as to the existence of a contract of guarantee binding on Mr Wadhawan. The letter relied upon does not contain language or context sufficient to amount to a guarantee, and the claim cannot be brought by reference to the PSA to which Mr Wadhawan was not a party. The appeal is dismissed.

Parties
Appellant / Claimant: Global 5000 Limited; Respondent / Defendant: Mr Sarang Wadhawan
Jurisdiction
England and Wales
Judgment Date
19 January 2012
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division, Commercial Court – Judgment
Outcome
Appeal dismissed
Legal Topics
Jurisdictional Challenge, Guarantee Contracts, Service Out of Jurisdiction, Interpretation of CPR PD 6 B Para 3.1(6)(c)
Civil Procedure Contract Law Private International Law Jurisdictional Challenge Guarantee Contracts Service Out of Jurisdiction Interpretation of CPR PD 6 B Para 3.1(6)(c)

Case Brief

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Parties

Global 5000 Limited

Appellant / Claimant

Mr Sarang Wadhawan

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division, Commercial Court – Judgment

Legal Issues

  1. 1 Whether there is a serious issue to be tried as to the existence of a contract of guarantee binding on Mr Wadhawan
  2. 2 Whether the claim can be brought under CPR PD 6B para 3.1(6)(c) by reference to the PSA, to which Mr Wadhawan is not a party

Ratio Decidendi

There is no serious issue to be tried as to the existence of a contract of guarantee binding on Mr Wadhawan. The letter relied upon does not contain language or context sufficient to amount to a guarantee, and the claim cannot be brought by reference to the PSA to which Mr Wadhawan was not a party. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no serious issue to be tried as to the existence of a contract of guarantee binding on Mr Wadhawan.