Hampton v Minns [2001] EWHC 555 (Ch) (07 March 2001)

Hampton v Minns [2001] EWHC 555 (Ch) (07 March 2001)

There was no agreement or conduct varying the usual rule of equal contribution between co-sureties. The claimant's conduct did not amount to waiver, forfeiture, or breach of duty sufficient to disentitle him to contribution. The claim was not statute-barred, as the applicable limitation period is six years from payment, and the claim was brought within time. The claimant is entitled to recover one-half of the amount paid under the guarantee from the defendant.

Citation
[2001] EWHC 555 (Ch)
Parties
Claimant: Mr Hampton; Defendant: Mr Minns
Jurisdiction
England and Wales
Judgment Date
07 March 2001
Procedural Posture
Civil Claim for Contribution Between Co Sureties / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Contribution Between Co Sureties, Guarantees, Limitation Periods, Directors' Duties, Company Insolvency
Equity Contract Law Company Law Contribution Between Co Sureties Guarantees Limitation Periods Directors' Duties Company Insolvency

Case Brief

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Parties

Mr Hampton

Claimant

Mr Minns

Defendant

Procedural Posture

Civil Claim for Contribution Between Co Sureties / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant is liable to contribute to the claimant for payments made under a joint guarantee to a bank
  2. 2 Whether the usual rule of equal contribution between co-sureties was varied by agreement or conduct
  3. 3 Whether the claimant's conduct disentitles him to contribution (waiver, forfeiture, breach of duty)

Ratio Decidendi

There was no agreement or conduct varying the usual rule of equal contribution between co-sureties. The claimant's conduct did not amount to waiver, forfeiture, or breach of duty sufficient to disentitle him to contribution. The claim was not statute-barred, as the applicable limitation period is six years from payment, and the claim was brought within time. The claimant is entitled to recover one-half of the amount paid under the guarantee from the defendant.

Court Disposition

Claim allowed

Orders

  • Defendant to pay the claimant one-half of the amount paid under the guarantee, being £239,200.18