Kiko UK Limited v Jamino Limited (in liquidation) & Anor

Kiko UK Limited v Jamino Limited (in liquidation) & Anor

The AGA does not discharge Kiko's liability upon disclaimer; clause 6.2 does not refer to disclaimer and clear words are required to overcome the statutory fiction. Therefore, Kiko remains liable as guarantor after disclaimer, and is entitled to summary judgment on the legal principle. However, accounting issues regarding double recovery and payments are not sufficiently clear and must go to trial.

Parties
Claimant: Kiko UK Limited; First Defendant: Jamino Limited (in liquidation); Second Defendant: Pianoforte Holdings S.p. A
Jurisdiction
England and Wales
Judgment Date
13 August 2025
Procedural Posture
Commercial Claim / Summary Judgment Application
Outcome
Summary judgment granted on legal principle; accounting issues reserved for trial; costs reserved to trial judge; permission granted to amend pleadings.
Legal Topics
Summary Judgment, Guarantee Agreements, Lease Disclaimer, Parent Company Guarantee, Rent Deposit, Costs, Amendment of Pleadings
Commercial Law Insolvency Law Landlord and Tenant Law Summary Judgment Guarantee Agreements Lease Disclaimer Parent Company Guarantee Rent Deposit +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kiko UK Limited

Claimant

Jamino Limited (in liquidation)

First Defendant

Pianoforte Holdings S.p. A

Second Defendant

Procedural Posture

Commercial Claim / Summary Judgment Application

Legal Issues

  1. 1 Effect of lease disclaimer by liquidator on guarantor liability under authorised guarantee agreement (AGA)
  2. 2 Entitlement to indemnity under parent company guarantee
  3. 3 Double recovery and accounting for rent deposit and direct payments

Ratio Decidendi

The AGA does not discharge Kiko's liability upon disclaimer; clause 6.2 does not refer to disclaimer and clear words are required to overcome the statutory fiction. Therefore, Kiko remains liable as guarantor after disclaimer, and is entitled to summary judgment on the legal principle. However, accounting issues regarding double recovery and payments are not sufficiently clear and must go to trial.

Court Disposition

Summary judgment granted on legal principle; accounting issues reserved for trial; costs reserved to trial judge; permission granted to amend pleadings.

Orders

  • Summary judgment granted in favour of claimant on construction of AGA.
  • Accounting issues regarding rent deposit and £40,000 payment to proceed to trial.