Levin v Tannenbaum

Levin v Tannenbaum

Time did not start running under the guarantees until 14 days after written demand; as demand was made in May 2009 and claim issued in March 2013, the claims are not statute barred.

Parties
Claimant: Meir Levin; Defendant: Michael Tannenbaum
Jurisdiction
England and Wales
Judgment Date
15 November 2013
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment refused; claim not statute barred.
Legal Topics
Guarantees, Limitation Periods, Summary Judgment, Primary Obligor Clauses
Contract Law Limitation Law Guarantees Limitation Periods Summary Judgment Primary Obligor Clauses

Case Brief

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Parties

Meir Levin

Claimant

Michael Tannenbaum

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the guarantees are statute barred under the Limitation Act 1980
  2. 2 Whether the guarantees require a demand before liability arises
  3. 3 Effect of primary obligor clause on limitation period

Ratio Decidendi

Time did not start running under the guarantees until 14 days after written demand; as demand was made in May 2009 and claim issued in March 2013, the claims are not statute barred.

Court Disposition

Summary judgment refused; claim not statute barred.

Orders

  • Application for summary judgment dismissed.