Harvey v Dunbar Assets Plc
On its true construction, the guarantee was conditional upon all named intended guarantors signing. There was nothing in the guarantee's wording to displace this condition. Therefore, the appellant was not liable under the guarantee if one intended guarantor (Mr Lenney) did not sign.
- Parties
- Appellant: John Spencer Harvey; Respondent: Dunbar Assets PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 30 July 2013
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment on Appeal From High Court
- Outcome
- appeal allowed
- Legal Topics
- Joint and Several Guarantees, Conditional Liability of Guarantors, Construction of Guarantee Instruments
Case Brief
Summary, issues, holding and outcome
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Parties
John Spencer Harvey
Appellant
Dunbar Assets PLC
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Legal Issues
- 1 Whether a signatory to a composite joint and several guarantee is liable if one of the intended co-guarantors did not sign the instrument.
Ratio Decidendi
On its true construction, the guarantee was conditional upon all named intended guarantors signing. There was nothing in the guarantee's wording to displace this condition. Therefore, the appellant was not liable under the guarantee if one intended guarantor (Mr Lenney) did not sign.
Court Disposition
appeal allowed
Orders
- Statutory demand against Mr Harvey set aside.
Full Case Text
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