Peter Scholey Dunn v Kostas Kazolides

Peter Scholey Dunn v Kostas Kazolides

The guarantee claim failed because the cause of action accrued by at least 30 September 2009 when the company was insolvent and in default, making the claim statute barred. Additionally, the guarantee was discharged by a binding variation between the claimant and the company to defer repayment and sale of the villas, without the defendant's consent, thereby releasing the defendant from liability under the guarantee.

Parties
Claimant: Peter Scholey Dunn; Defendant: Kostas Kazolides
Jurisdiction
England and Wales
Judgment Date
22 August 2025
Procedural Posture
Civil (commercial/contract) / Final Judgment After Full Trial
Outcome
Claim dismissed
Legal Topics
Guarantee and Indemnity, Joint Venture Disputes, Limitation of Actions, Contractual Interpretation, Discharge of Guarantee
Contract Law Commercial Law Guarantee and Indemnity Joint Venture Disputes Limitation of Actions Contractual Interpretation Discharge of Guarantee

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 5 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Peter Scholey Dunn

Claimant

Kostas Kazolides

Defendant

Procedural Posture

Civil (commercial/contract) / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendant provided a valid guarantee under the JVA; whether the guarantee was discharged by variation or extension of time; whether the claim is statute barred; construction of profit/loss sharing and repayment provisions under the JVA; effect of the SJVA on the guarantee

Ratio Decidendi

The guarantee claim failed because the cause of action accrued by at least 30 September 2009 when the company was insolvent and in default, making the claim statute barred. Additionally, the guarantee was discharged by a binding variation between the claimant and the company to defer repayment and sale of the villas, without the defendant's consent, thereby releasing the defendant from liability under the guarantee.

Court Disposition

Claim dismissed